IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


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Photographic 

bciences 
Corporation 


13  yWEST  MAIN  STREET 

WEBSTER,  NY.  14580 

(716)  872-4503 


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CIHM/ICMH 

Microfiche 

Series. 


CIHM/ICMH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  Canadian  de  nr»icroreproductions  historiques 


Technical  and  Bibliographic  Notes/Notes  techniques  at  bibliographiques 


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D 


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Couverture  de  couleur 


r~]    Covers  damaged/ 


Couverture  endommag^a 


□    Covers  restored  and/or  laminated/ 
Couverture  restaurde  et/ou  pellicul^e 


I      I    Cover  title  missing/ 


Ls  titre  de  couverture  manque 


□    Coloured  maps/ 
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I      I    Coloured  ink  (i.e.  other  than  blue  or  black)/ 


Encre  de  couleur  (i.e.  ^utre  que  bleue  ou  noire) 

Coloured  plates  and/or  illustrations/ 
Planches  et/ou  illustrations  en  couleur 

Bound  with  other  material/ 
ReliA  avec  d'autres  documents 


D 


n 


D 


Tight  binding  may  causa  shadows  or  distortion 
along  interior  margin/ 

La  re  liure  sarrde  peut  causer  de  I'ombre  ou  de  la 
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mais,  lorsque  cela  4tait  possible,  ces  pages  n'ont 
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to  tl 


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obtenir  la  meilleure  image  possible. 


The 

DOS 

oft 
film 


Ori( 

beg 

the 

sior 

oth( 

first 

sior 

oril 


The 
shal 
TINi 
whli 

Mar 
diff« 
entii 
begi 
righ 
reqt 
met 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  filmi  au  taux  de  r^ouction  indiqu^  ci-dessous. 

10X  14X  18X  22X 


V 


12X 


16X 


20X 


26X 


30X 


24X 


28X 


32X 


The  copy  filmed  here  has  been  reproduced  thanks 
to  the  generosity  of: 

Metropolitan  Toronto  Library 
Canadian  History  Department 


L'exemplaire  filmi  fut  raproduit  grdce  i  la 
g6n6rosit6  de: 

(Metropolitan  Toronto  Library 
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The  images  appearing  here  are  the  best  quality 
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Original  copies  in  printed  paper  covers  are  filmed 
beginning  with  the  front  cover  and  ending  on 
the  last  page  with  a  printed  or  illustrated  impres- 
sion, or  the  back  cover  when  appropriate.  All 
other  rriginal  copies  are  filmed  beginning  on  the 
first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  illustrated  impression. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  — ^  (meaning  "CON- 
TINUED"), or  the  symbol  y  (meaning  "END"), 
whichever  applies. 


Les  images  suivantes  ont  6t6  reproduites  avec  le 
plus  grand  soin,  compte  tenu  de  la  condition  et 
de  la  nettetd  de  l'exemplaire  ii\m6.  et  en 
conformity  avec  les  conditions  du  contrat  de 
filmage. 

Les  exemplaires  originaux  dont  la  couverture  en 
papier  est  imprim^e  sont  film6s  en  commenpant 
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dernidre  page  qui  comporte  une  empreinte 
d'impression  ou  d'HIustrat'on,  soit  par  le  second 
plat,  selon  le  cas.  Tous  les  autres  exemplaires 
originaux  son^  filmds  en  commen9ant  par  la 
premidre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration  et  en  terminant  par 
la  dernidre  page  qui  comporte  une  telle 
empreinte. 

Un  des  symboles  suivants  apparaitra  sur  la 
dernidre  image  de  chaque  microfiche,  selon  le 
cas:  le  symfcole  — »>  signifie  "A  SUIVRE",  le 
symbole  V  signifie  "FIN". 


Maps,  plates,  charts,  etc.,  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


Les  cartes,  planches,  tableaux,  etc.,  peuvent  dtre 
filmds  i  des  taux  de  reduction  diffdrents. 
Lorsque  le  document  est  trop  grand  pour  dtre 
reproduit  en  un  seul  clichd,  il  est  filmd  d  partir 
ds  Tangle  sjpdrieur  gauche,  de  gauche  d  droite. 
et  de  haut  en  bas,  en  prenant  le  nombre 
d'images  n4cessair3.  Les  diagrammes  suivants 
illustrent  la  mdthode. 


1 

2 

3 

1 

2 

3 

4 

5 

6 

^^■rr  •  ^ 


>-. 


THE 


4 


VI^^DTCATION 


OP 


CAPTAIN  JOSEPH  TREAT, 


lATE  or 


TWENTY-riRST   KEGIMENT   UNITED    STATES   IVFANTRT, 


ARAINST    THE 


• 

ATROCIOUS  CALUMJST 


COMl'IlEHKNaBD  IIT 


MAJOR  GENERi\L  BROWN'S  OFFICIAL  REPORT  OF  THE  BATTLE 

OF  CillPPEWAY. 


*'  Who  steals  mv  purse  steals  ti'asli — 'tis  something,  nothing; 
'Twas  mine,  'tis  liis,  and  has  been  slave  to  thousands ; 
But  he  who  filches  from  me  my  good  name, 
Robs  me  of  thiit  which  not  enriches  him, 
And  makes  me  poor  indeed." 

Sbakespeabx 


nilLADELPraA...  PRINTED. 


1815. 


I 


qsibi 


i 


I 


1 


TO  JAMES  MADISON. 


PRESIDENT  OF  THE  UNITED  STATES. 


Sir, 

^  To  whom  can  I  so  properly  inscribe  the  fol- 
lowing sheets,  as  to  yourself?  since  the  abuse  which 
compels  me  to  appeal  to  your  justice,  and  the  public 
sympathy,  reached  me  through  the  medium  of  a  com- 
mission, signed  by  your  hand,  and  conferred  upon  me 
without  solicitation. 

The  fitness  of  the  application  will  I  hope  supercede 
the  necessity  of  an  apology  for  the  intrusion,  and  se- 
cure your  approbation  of  the  tresspass  I  make  on  your 
time. 

To  you  it  will  not  be  improper  to  remark,  what 
may  be  well  applied  to  every  fellow  citizen  ;  that  the 
rights  of  persons  and  of  property,  and  the  very 
existence  of  the  republic,  depend  on  the  inflexible 
maintenance  of  the  letter  of  the  constitution  and  the 
law.  Admit  a  latitude  of  construction  for  the  ex- 
tension of  power,  and  you  throw  down  the  barriers  of 
the  public  safety,  and  insensibly  mould  the  palladium 
of  our  liberties,  into  that  form  which  may  best  suit 
the  grasp  of  ambition. 

It  is  not  for  redress  of  my  personal  injuries,  how- 

ever  linnr^fito^^T  "•-srI     — *■ -I-     -U    i  1  « 

vui  !.!.=...xivva  «aa  tAucnu-,  ihat  i  nave  ventured  to 


f 


i    i 


I 


4 

intrude  the  recital  of  those  injuries  on  3'our  attention  j 
proved  as  they  have  been  by  testimony  on  which  a 
military  tribunal  has  vindicated  my  honor ;  but  it  is 
to  warn  you  of  the  perfidy,  the  violence,  and  usurpa- 
tion, of  which  the  officer  is  capable,  whom  blind  for- 
tune has  imposed  on  you  for  the  chief  of  the  national 
military  force ;  that  you  may  assert  the  supremacy 
of  the  laws,  and  prevent  the  recurrence  of  similar  out- 
rages, on  the  rights  of  those  who  have  the  right  to  look 
up  to  you  for  protection. 

Every  encroachment  on  ihc  laws,  however  minute, 
is  a  step  towards  despotism ;  and  therefore  the  slightest 
infraction  of  them  should  be  instantaneously  checked ; 
or  the  precedents  of  ye^erday,  may  become  laws  to 
day,  and  political  expediency  may  readily  be  converted 
into  stilts  for  power  to-morrow  ;  mount  d  on  which, 
those,  who  administer  the  governm.ent,  may  trample 
the  governed  into  the  dust. 

The  articles  of  war  clearly  define  the  few  rights  of  a 
soldier,  and  these  ought  to  be  stedfastly  guarded,  as 
well  by  a  strict  observance  of  the  compact  with  the 
state,  as  by  that  chaste  sense  of  delicacy  and  honor, 
which  has  been  considered  the  peculiar  attribute  of 
military  men  ;  but  if  a  military  chief,  to  gratify  his  ca- 
price or  resentment,  or  to  blazon  ibrth  his  character 
for  sensibilities  to  which  he  is  a  stranger,  can  rob  a 
subordinate  of  his  sword,  and  expel  him  from  his 
legitimate  corps,  then  military  tribunals  become  super- 
fluous  ;  by  the  same  exertion  of  power  he  may  make 
appointments  to  command,  and  thus  save  the  presi- 
dent of  the  United  States  the  responsibility  of  nomi^ 
nating,  and  the  senate  that  of  confirmation. 

Or,  if  a  mi'ltary  chief  may,  with  impunity,  sus- 


i 


"J 


.t 
-^<. 


ittention  5 
1  which  a 
but  it  is 
i  iisurpa- 
blind  for- 
e  national 
upremacy 
milar  out- 
ht  to  look 

r  minute, 
i  slightest 
checked ; 
e  laws  to 
:onverted 
m  which  ^ 
Y  trample 

ights  of  a 
larded,  as 
with  the 
id  honor, 
tribute  of 
fy  his  ca- 
character 
;an  rob  a 
from  his 
tie  super- 
ay  make 
he  presi- 
of  nomi* 

[TY,  sus- 


f 


pcnd  an  officer  from   command,   on  a   groundless 
pretext,  and,  disdaining  all  explanation,  promise  him 
a  court  of  enquiry  into  his  conduct ;  if  he  may,  after 
making  such  promise,  prejudge  the  object  of  his  blind 
wrath,  and  in  an  ofiicial  despatch  recommend  that  he 
should  be  arbitrarily  stricken  from  the  honorable  rolls 
of  the  army,  without  a  hearing,  and  in  violation  of  the 
sacred  charter  of  the  land  :  if,  when  pressed  for  the 
promised  enquiry,  the  chief,  to  elude  it,   should,  by 
his  official  organ,  inform  the  applicant  that  he  was  not 
on  the  rolls,  and  could  not  have  an  enquiry  :  if,  on  the 
declaration  of  this  injured  officer,  that  in  the  alternative 
of  being  refused  an  enquiry,  he  should  apply  to  the 
secretary  of  war  for  redress,  this  chief,  dreading  the 
appeal,  should  suddenly  shift  his  ground,  again  re- 
cognize as  an  officer,  the  subject  of  his  vengeance,  and 
abandoning  the  enquiry,  which  he   had   repeatedly 
promised,  sheuld  charge  him  with  an  infamous  crime, 
and  cause  him  to  be  arrested  :  if  the  arrested  officer, 
unaffected  by  this  menace,  remaining  firm  to  his  pur- 
pose, should  be  peremptorily  ordered  for  trial  on  the 
od  of  October,  1814,  before  a  general  court  martial 
then  in  session  at  Fort  Erie,  and  yet  should  not  be 
able  to  procure  a  copy  of  the  charge  on  which  he  was 
to  be  arraigned,  until  the  12th  of  the  same  month,  on 
which  day  said  court  was  dissolved,  and  he  still  con- 
tinued in  arrest :  if,  after  repeated  subsequent  appli- 
cations for  a  hearing,  this  arresed  officer  could  not 
obtain  a  trial  uniil  the  5th  of  April,  1815,  although 
several  general  courts  martial  had  been  holden  during 
the  interval :  if,  after  all  these  arbitrary  delays  and 
denials  of  justice;  a.Ter  the  denunciation  of  the  chief 
(on  the  5th  of  July,  nine  months  before)  who  held 


"P  h,s  subordmate  as  a  spectacle  of  reproach  to  the 

rmy  and  a  subject  of  villification  to  licentious  prL 
after  depr,y.ng  him  of  all  participation  in  the  sceie^ 
of  glory  wh.ch  awaited  his  comrades  in  arms  :  I  r^Z 
■r,  .1  after  these  multiplied  privations,  indignities  and 
wrongs,  the  proceedings  of  the  general  court  m    .  al 
before  wh.ch  th,s  officer  was  tried,  should  not  furnish 
a  shadow  of  cause  for  his  arrest ;  and  if  by  a  solemn 
court  of  law  and  honor,  selected  by  the-  accuser  him LT 
he  .njured  cmzen  should  be  honorably  acquitted  of 
the  foul  offence  imputed  to  him,  by  the  author  of  his 
wrongs  ,-^:hen   I  will  most  respectfully  enquire,  what 
.s  tne  effect  of  the  law,  and  where  is' the  lecurity  to 
the  feehngs  or  fame,  the  rights  or  interests  of  subor. 
dinate  officers  against  the  outrages  of  ignorance  and 
bru..hty?  The  facts  are  before  you,  and  the  decision 
must  rest  upon  your  own  mind. 

But  it  can  not  be  overlooked,  sir,  that  in  a  govern 
ment  whose  venality  and  comiption,  has  lontj  been  a 
popular  theme,  the  hand  of  criminal  justice  seized  on  a 
military  commander,  for  inflicting  an  arbitrary  punish, 
ment  on  a  non-commissioned  officer,  and  that  governor 
Wall,  in  spite  of  wealth  and  patronage,  for  this  crime 
expired  on  a  gibbet.  ' 

Removed  from  the  ranks  of  honor,  and  smarting 
under  the  sense  of  the  wrongs  I  have  suffered  ;   I  hope 
I  may  be  excused  for  invoking  your  attention  to  the 
fundamental  interests  of  the  people,  over  whom  you 
have  been  called  to  preside,  involved  as  they  have  been 
m  a  case  so  extraordinarj'  in  a  free  commonwealth     ' 
Suffer  not  pretensions  to  services,  nor  military  rink 
and  eclat,_iy  whatever  means  attained,  to  sanction 
despotic  rule,  or  screen  the  oppressor  from  merited 


3 


^1 


>ach  to  the 
^us  prints  ; 

the  scenes 
i  •  I  repeat, 
unities,  and 
irt  martial, 
lot  furnish 
^  a  solemn 
er  himself, 
quitted  of 
:hor  of  his 
Liire,  what 
ecurity  to 
of  subor- 
•ance  and 

decision 

a  govern- 
ig  been  a 
ized  on  a 
^  punish- 
governor 
is  crime, 


punishment.  In  your  hands  I  must  hope  the  fountain 
of  justice  will  continue  undefiled  ;  that  men  elevated 
to  stations  high  and  honorable,  in  trust  for  a  ynung 
and  glorious  nation,  will  feel  themselves  bound  to 
preserve  its  purity  by  their  vigilance,  and  at  every 
hazard  and  cverv  sacrifice,  transmit  the  rich  inheri- 
tance  to  posterity ;  nor  permit  the  source  to  be 
polluted,  because  too  soon  the  poison  will  be  diffused 
to  the  remotest  streams,  and  then  the  blood  of  our 
fathers  will  have  flowed  without  effect,  and  we  shall 
have  lived  in  vain. 

With  the  best  wishes  for  your  fame,  and  happiness, 
and  for  the  honor,  prosperity,  independence,  and  jus- 
tice of  our  country. 

1»  »•,  with  high  consideration  and  respect, 

Your  most  obedient, 

^lumble  servant, 

JOSEPH  TREAT, 

(Late)  Capt.  L'ist  Infantry,  U.  S.  Army. 


smarting 
;  I  hope 
n  to  the 
om  you 
ve  been, 
ealth. 
ary  rank 
sanction 
merited 


i 
I 

r 
1 

j 

i 

i                      > 

1          ■ 

> 

« 

i 


i 


■^^9» 


NARRATIVE. 


srs 


The  wanton  and  unjustifiable  misrepresentation  of 
my  conduct,  mate  Ly  major  general  Brown,  in  his 
report  of  tlie  battle  of  Chippeway,  renders  it  a  duty  to 
my  country,  my  friends,  and  myself,  to  lay  before  the 
public  a  full  and  authentic  statement  of  my  case— 
I  will, 

*'A  round  unvarnishe<l  tale  deliver:"  ^ 

'•Nothing  extenuate— nor  set  down  aught  in  malice." 

On  the  night  of  the  4th  of  July,  1814,  when  general 
Ripley's  brigade  arrived  at  its  place  of  encampment, 
near  Chippeway,  a  picquet  guard  was  detailed  from  that 
brigade  and  placed  under  my  command  ;  with  ©rders 
to  take  my  station  between  two  other  guards  already 
posted ;  to  connect  my  sentinels  with  theirs,  and  to 
form  a  chain  around  the  left  and  rear  of  the  second 
brigade. 

Neither  the  position  of  tliese  5»:uaris,  nv">r  that  for  my 
own,  were  shewn  to  me,  although  I  applied  specially 
to  the  inspector  for  that  purpose.  ♦  However,  after 
much  difficulty,  I  found  them,  and  took  my  position 
on  the  margin  of  the  woods,  about  half  a  mile  in  rear 
of  the  second  brigade,  as  directed  by  the  assistant  in- 
spector  general,  major  Orne  ;  the  guard  was  kept  in 

•  See  depositions  of  corporals  Gale,  Fellows  and  Barton,  paeea 
193  25,  and  29.  '  *^  *  ' 


■  i 


10 

good  order,  but  contrary  to  militarj^  rule,  was  not 
visited  by  any  officer  of  the  day,  although  in  the  prox- 
imity of  the  enemy. 

About  eight  o'clock  on  the  morning  of  the  fifth, 
brigade  major  Clark  ordered  me  to  march  my  guard 
into  camp,  and  on  arriving  within  fifteen  or  twenty 
rods  of  the  left  flank  of  the  camp  of  the  second  bri- 
gade,  near  major  Biddle's  artillery,  1  was  fired  on  by 
a  party  of  the  enemy  who  were  concealed  in  the  woods 
on  my  left  flank ;  the  ground  would  not  admit  of  a  full 
front,  and  I  was  marching  at  the  head  of  my  guard  in 
file :  when  they  were  fired  upon,  some  of  my  men 
from  the  rear  broke  and  retreatea;    I  succeeded  in 
keeping  the  rest  compact,  marched  with  them,  and 
found  those  who  had  left  me  halted  by  major  Biddle ; 
I  immediately  incorporated  the  whale,  and  took  my 
post  on  the  right ;  for  a  statement  of  my  own  conduct 
and  tliat  of  the  guard,  I  must  refer  to  the  testimony 
adduced  on  the  trial.     One  of  my  men  was  reported 
to  me  to  be  wounded,  the  route  we  had  taken  was 
through  a  meadow  of  very  high  grass,  and  as  but  a 
few  minutes  elapsed,  he  was  not  at  once  missed-    But 
he  was  now  found  and  brought  in. 

Gen.  Brown,  in  his  oliicial  account  of  the  battle  of 
Chippeway,  stated,  that  he  ordered  me  "on  the  spot 
to  retire  from  the  army,"  but  this  was  not  the  case. 
The  fact  is,  as  stated  in  testimony,  that  after  I  had 
ordered  a  wounded  man  to  be  removed  to  camp, 
general  Brown,  personally,  and  **  on  the  spot,"  order- 
ed  me  to  march  with  my  guard  into  the  woods,  in 
pursuit  of  the  same  party  of  the  enemy  that  had  fired 
on  mc ;  which  order  I  promptly  obeyed ;  and  after 
marching  more  than  a  mile  in  quest  of  the  enemy, 


i 


i 


4 


i 


4 


J,  was  not 
1  the  prox 

r  the  fifth, 
my  guard 
or  twenty- 
second  bri- 
fired  on  by 

1  the  woods 
ait  of  a  full 
ly  guard  in 
)f  my  men 
cceeded  in 
them,  and 

jor  Biddle ; 
id  took  my 
wn  conduct 
;  testimony 
^as  reported 
taken  was 
id  as  but  a 
lissed-    But 

the  battle  of 
on  the  spot 

ot  the  case, 
after  I  had 

d  to  camp, 

pot,"  order- 

2  woods,  in 
lat  had  fired 
I ;  and  after 

the  enemy, 


11 

who  had  retired,  I  returned  with  my  guard  in  good 
order  to  camp,  and  was  then  immediately  suspended 
from  command  by  the  verbal  order  of  general  Brown, 
delivered  me  by  captain  Vose,  commanding  officer  of 

the  21st  regiment. 

Surprized  at  this  unmerited  treatment,  and  presum- 
ing that  general  Brown  must  have  been  under  an  im. 
pression,  that  I  had  left  the  station  at  which  I  had  been 
posted  in  the  night  without  orders,  I  requested  major 
Clark  to  call  on  the  general,  and  tell  him  that  I  had 
been  commanded  by  him  to  return  to  camp.  Major 
Clark  did  so ;  but  the  general  replied  to  him  that,  **  he 
sawthe  affair  himself,  and  wished  no  further  information 
on  the  subject,"  and  immediately  after  issued  the  fol- 
lowing  general  order : 

^       «  GENERAL  ORDERS. 

Adjutant  Genet  al's  Office, 

Chippeway,  July  5,  1814. 

<  <  A  transaction  degrading  to  the  command,  occurred 
under  the  major  general's  eye  this  morning. 

«*  Captain  Treat's  attempts  to  excuse  himself,  in 
that  his  detachment  was  a  return  picquet,  makes  the 

thing  worse. 

*<  Captain  Treat  shall  no  longer  serve  in  the  21st 
regiment ;  nor  in  this  division,  during  the  campaign. 

"  By  order  6f  major  general  Brown, 

i^Signed)  "C.K.GARDNER, 

«*  Adjutant  General." 

That,  major  general  Brown,  dares  to  exercise  an 
authority  which  belongs  exclusively  to  the  law,  and  by 
a  conduct  unprecedented  in  free  governments,  brings 


■H 


12 

the  cbargCj  tries  the  cause,  and  passes  the  judgment, 
combining  in  his  single  person  the  functions  of  accuser, 
witness,  jury,  and  judge. 

Cut  to  the  soul  by  this  outrage  on  my  honor,  in  the 
face  of  the  whole  army,  I  appealed  to  general  Ripley, 
the  commanding  officer  of  the  brigade,  for  advice  ;  he 
delicately  declined  all  interference,  but  recommended 
me  to  call  on  general  Brown,  and  explain  my  conduct 
plainly  to  him,  and,  if,  necessary,  request  a  court  of 
enquiry  to  examine  into  it. 

Accordingly  about  noon  I  called  on  general  Brown, 
at  his  marquee,  and  respectfully  observed  to  him,  that 
I  wished  to  explain  the  causes  which  had  thrown  the 
guard  of  my  command  into  the  disorder  in  which  he 
had  seen  it  in  the  morning  :  The  general  replied,  "  I 
saw  the  transaction  myself,  and  wish  no  further  infor- 
mation on  the  subject :  you  may  retire,  sir." 

About  four  o'clock  in  the  afternoon,  the  volunteers 
and  Indians  under  the  command  of  general  Porter, 
filed  to  the  left,  towards  Chippeway,  and  soon  met  the 
Indians  and  right  flank  of  the  enemy,  whv  se  whole 
force  had  crossed  the  Chippeway,  and  were  advancing 
towards  our  camp. 

Generals  Scott's  and  Ripley's  brigades,  which  had 
encamped  in  parallel  lines,  were  immediately  paraded, 
and  gen.  Scott's  brigade  being  in  from,  he  advanced 
over  Black-creek  bridge  ;  and,  about  5  o'clock,  met, 
fought,  and  beat,  the  eneni),  on  the  plains  between 
Black  creek  and  the  Chippeway. 

The  battle  lasted  nearly  an  hour,  during  which 
period,  gen.  Ripley,  with  his  brigade,  remained  under 
arms,  in  full  view  of  the  engagement,  awaiting  orders 


% 


L5 


judgment, 
;  of  accuser, 

onor,  in  the 
*ral  Ripley, 
advice ;  he 
ommended 
ny  conduct 
t  a  court  of 

iral  Brown, 
:o  him,  that 
thrown  the 
1  which  he 
replied,  "  I 
irther  infor- 


r. 


>j 


volunteers 
:ral  Porter, 
)on  met  the 
hv  se  whole 
i  advancintr 

which  had 
ly  paraded, 
2  advanced 
clock,  met, 
IS  between 

ring  which 
lined  under 
ting  orders 


;i 


i 


from  general  Brown  ;  but  he  received  none,  until  the 
enemy  was  beaten  and  had  began  to  retire,  when  gen. 
Ripley  received  orders  to  advance  by  the  skirt  of  the 
woods  on  his  left,  and  turn  the  enemy's  right  flank  ; 
which  orders  were  executed  with  all  the  promptitude 
possible,  under  the  circumstances  of  the  ground  ;  but 
the  order  came  too  late,  and  of  consequence  the  enemy, 
whose  whole  force  might  have  been  taken,  was  suf- 
fered to  effect  his  retreat  over  the  Chippeway. 

The  cause  of  general  Brown's  having  kept  the 
second  brigade  stationary,  and  in  camp,  while  the  first 
brigade  was  engaged  with  a  superior  force,  in  its 
front,  when  by  a  simple  co-operative  movement,  made 
seasonably,  the  enemy  might  have  been  compelled  to 
surrender,  remains  to  be  explained. 

When  the  21st  regiment  paraded,  I,  having  been 
suspended  from  command,  volunteered  my  services 
with  a  musket  ;  and  on  the  movement  of  the  regiment 
to  flank  the  enemy,  such  was  the  confidence  placer^  in 
me  by  major  Vose,  who  was  then  the  commanding 
officer  of  the  regiment,  that  he  requested  me  to  lead  a 

platoon. 

On  the  sixth,  I  again  called  on  general  Brown,  and 
demanded  a  court  of  enquiry,  v.hich  he  tlien  promised 
to  order  for  me,  so  soon  as  the  situation  of  tlie  army 
would  permit ;  and  at  the  same  time  gave  me  per- 
mission to  take  up  my  residence  in  the  town  of  Buf- 
flilo,  in  which  place  he  arrived  on  the  26th  or  27th  ; 
and  there  again,  on  the  3.Ah,  I  renewed  my  demand 
for  a  court  of  enquiry  ;  which  was  again  promised  mc 
by  genei-al  Brown,  through  his  aid-de-camp,  major 
Austin,  at  the  close  of  die  camp.iign,  or  soonei  it  the 
Situation  01  me  army  snuula  venuer  u  pia-v .iv,«w4^ 


1  -\  I  g^ 


'\t 


I     t 


(  ■ 


1* 

Seeing  no  immediate  prospect  of  obtaining  justice, 
or  being'  restored  to  m}-  command,  I  requested,  and 
' obtained  permission  to  be  absent,  until  the  second  of 
October,  at  which  time  I  returned  to  Fort  Erie,  and 
reported  to  the  adjutant  general,  colonel  Gardner,  and 
once  more  demanded  a  court  of  enquiry. 

He  observed,  *'  it  is  too  late  to  obtain  a  court  of  en- 
quiry, for  you  are  now  off  the  rolls  of  the  army,  and 
cannot  have  an  enquiry  or  a  trial." 

I  observed  to  him,  that,  although  I  might  be  im- 
properly struck  off  the  rolls,  I  presumed  that  general 
Brown,  having  promised  me  a  court,  would  not  forfeit 
his  word  ;  I  added,  that  if  he  would  not  grant  my  re- 
quest,  I  must  immediately  apply  to  the  secretary  of 
war  for  ixdrcss. 

Colonel  Gai  dner  then  said,  he  would  inform  gene- 
ral Brown,  and  give  me  an  answer  the  next  day. 

On  the  3d  October,  I  called  on  colonel  Gardner, 
when  he  inlbrmed  me,  that  general  Brown  had  ordered 
him  to  place  me  in  arrest,  in  which  situation  I  was  then 
to  consider  myself,  for  trial  before  a  general  court  mar- 
tial then  sitting  at  Erie,  and  that  the  charges  would 
be  produced  before  the  court  on  the  4th. 

I  had  the  liberty  of  the  camp  until  the  7th,  on  which 
day  I  was  order-ed  to  confine  myself  to  my  quarters  ; 
but  on  application  to  the  adjutant  general,  I  was  allow- 
ed the  limits  cf  the  guai'ds. 

The  charge  against  me  was  handed  to  the  court  on 
the  1 1th,  a  copy  of  which  was  delivered  to  me  by 
ciptain  Watson,  the  judge  advocate,  on  the  morning 
of  the  12th,  but  on  that  day  the  court  was  dissolved. 

On  the  13th,  general  Izard  having  assumed  the 
fonimand,  the  army  marched  down  the  Niagara. 


• 


:aining  justice, 
equested,  and 
the  second  of 
Fort  Erie,  and 
i  Gardner,  and 

• 

a  court  of  en- 
he  army,  and 

might  be  im- 
d  that  general 
)uld  not  forfeit 
:  grant  my  re- 
i  secretary  of 

inform  gene- 
lext  day. 
onel  Gardner, 
n  had  ordered 
ion  I  was  then 
ral  court  mar- 
harges  would 

• 

7th,  on  which 
my  quarters  ; 
,  I  was  allow- 

the  court  on 
red  to  me  by 
I  the  morning 
vas  dissolved, 
assumed  thr 
Niagara. 


'^4 


15 

T  was  permitted  to  return  to  the  town  of  Buffulo, 
where  I  was  compelled  to  remam  unt.l  the   1st  ol 
November;  when  1  applied  to  major  general  Izard, 
and  obtained  his  permission  to  repa.r  to  Sackett  s 
Harbor,  whither  genend  Brown  had  marched  with 
his  division,  leaving  me  behind  him,  in  confinement. 
I  arrived  at  Sackett's  Harbor  on  the  24th  of  Novem- 
ber, reported  to  the  adjutant  general,  and  here  agam 
demanded  a  trial  before  a  general  court  martial  then 
sitting  at  that  place ;  but-the  court  was  not  furnished 
with  the  charges  against  me. 

About  the  1st  of  January,  1815,  at  my  request,  a 
general  court  martial  was  ordered,  of  which  col«ne. 
Bedel  was  president,  and  captain  Pratt,  judge  advo- 

C3.t6 

But  on  the  Uth  I  was  informed  that  the  court  was 
not  furnished  with  any  charges  against  me,  and  that 
gen.  Brown  could  not  attend  to  my  trial  until  alter  hik 
return  from  Washington,  for  which  place  he  would  set 
off  in  a  few  days.  This  court  was  also  dissolved  (I 
think)  in  March. 

Finally,  after  sufTering  nine  months  unmerited 
disgrace,  during  three  of  which  the  arbitrary  will  of 
eeneral  Brown,  prostrated  law  and  justice,  and  after 
my  sixth  application,  on  the  5th  of  April,  a  general 
court  martial  was  ordered  for  my  trial,  of  which  coL 
M*Feeley   was  president,  and  lieutenant  Anderson, 

judge  advocate. 

The  court  met  on  the  6th.  There  was  still  an 
embarrassment  respecting  charges  ;  none  had  been  de- 
livered to  the  court— and,  to  remove  this  obstruction 
to  my  trial,  I  called  on  colonel  Jones,  the  adjutant 


fi 


It 

general,  who  informed  me  that  he  was  not  in  possesr 
sion  of  a  charge  against  me. 

I  then  tendered  to  him  the  copy  of  the  charge,  with 
which  I  had  been  served  in  October,  which  colonel 
Jones  showed  to  general  Brown,  who  approved  it,  and 
added  colonel  Gardner  to  the  list  of  witnesses  ;  it 
was  handed  to  the  court  on  the  14th  April,  when  my 
trial  commenced,  which  terminated  on  the  8th  of  May, 
1815,  in  my  honorable  acquit laL 

But  once  more  the  hand  of  juctice  was  arrested  by 
my  persecutor,  and  it  was  not  till  the  24th  of  June, 
that  he  deigned  to  act  upon  the  sentence  of  the  court, 
and  set  me  at  liberty. 

It  was,  no  doubt,  an  unwelccuie  office  to  the  general, 
to  be  obliged  to  acknowlege  the  honorable  acquittal 
of  an  officer  whom  he  had  so  wantonly  and  unjustly 
accused,  and  so  far  his  tardiness  may  be  palliated. 

But,  the  manner  in  which  miijor  general  Brown 
discharged  this  last  duty  to  his  victim  is  worthy  of 
record,*  as  it  paints  in  glowing  colors  the  character- 
istics of  his  mind ;  and  when  this  shameful  evidence 
of  his  conduct  and  disposition  is  compared  wi  :h  his 
report  of  the  battle  of  Bridgewater,  the  situation  of  an 
officer,  under  such  a  commander,  can  never  be  very 
enviable  nor  desirable  by  any  one  who  respects  hini- 
lielf  or  his  profession, 

JOSKPII  TREAT, 

.-.■  -  (Late)  Captain  '2l8t  Infontiy.  . 

*  See  his  approval  of  the  sentence  of  the  court  martial. 


lot  in  possesr 


;  charge,  ^vith 
vhich  colonel 
Droved  it,  and 
witnesses ;  it 
ril,  when  my 

2  8th  of  May, 

s  arrested  by 
!4th  of  June, 
of  the  court, 

3  the  general, 
ble  acquittal 
and  unjustly 
palliated, 
leral  Brown 
s  worthy  of 
lie  character- 
^fui  evidence 
red  wi:h  his 
tuation  of  an 
^ver  be  very 
:?spects  him- 

PREAT, 

in  'ilst  Infantry.  . 

naitial. 


PROCEEDINGS 


A  GENERAL  COURT  MARTIAL5 

HELD  JiT  SACKETTS  HARBOR^ 

IN  THE  STATE  OF  NEW  YORK, 

BY  VIRTUE  OF  THE  FOLLOWING  ORDER. 


"  GENERAL  ORDERS. 

«  Sackett's  HarboivApril  5,  1815. 

**  A  general  court  martial  of  seven  members,  will 
convene  to-morrow,  at  10  o'clock,  in  the  quarters 
lately  occupied  by  lieutenant  col.  Smith,  for  the  trial 
of  captain  Treat,  and  such  persons  as  may  be  brought 
before  it. 

Colonel  M*FEELEY,  President. 

MEMBERS. 

Lieut.  Col.  Smith,  Major  M*Ij.hennt, 

Major  Crookek,  Captain  Crane, 


Captain  Boyle, 


Captain  White. 


Captain  SEYMorn,  Supernumerary. 
Lieut.  Anderson,  13th  Inf.  Judge  Advocate. 


7f 


!*\1    - 


APRIL   6,   1815. 


The  court  met  in  obedience  to  the  above  order. 

PRESENT. 

Col.  M'Feeley,  President ;  lieut.  col.  Smith,  major 
M'llhenny,  major  Crooker,  capt.  Boyle,  capt.  Whito^ 

c 


18 

capt.  Seymour,  Members;  licut.  Anderson,  Judge 
Advocate. 

The  court  was  informed,  by  a  .  ote  from  the  adju- 
tant  general's  office,  that  the  indisposition  of  captain 
Crane  would  prevent  his  attendance  ;  in  consequence 
his  place  was  supplied  by  captain  Seymour,  the  super- 
numerary. 

From  not  having  received  the  charges  in  the  case 
of  captain  Treat,  his  case  was  deferred  until, 

FBJDAT,   APRll   14,   1815. 

PRESENT. 

Colonel  M'Feeley,  President:  lieut.  col.  Smith, 
major  M*Ilhenny,  major  Crooker,  captain  Boyle, 
captam  White,  captain  Seymour,  Members;  lieut. 
Anderson,  Judge  Advocate. 

The  court  next  took  up  the  case  of  captain  Joseph 
i'reat,  21st  infantry,  who,  having  previously  heard  the 
court  sworn,  and  been  asked  if  he  had  any  objections 
to  any  of  the  members  of  the  court,  and  replying  in 
the  negative,  was  arraigned  on  the  following  charge 
and  specification,  preferred  against  him  by  colonel  C. 
K.  Gardner,  adjutant  general,  on  an  order  from  major 
general  Brown. 

Charge — Cowardice  before  the  enemy. 

Specification — When  commanding  a  return 
picquet,  which  was  fired  on  by  a  small  party  of  the 
enemy,  at  the  plains  of  Chip^  ay,  on  the  morning  of 
the  5th  July,  1815 — running  in  a  cowardly  manner 
with  nis  picquet  guard  from  the  fire  of  this  party  of 
the  enemy — and  misbehaving  himself  in  sight  of 
the  enemy,  in  his  manner  of  retreating  before  this 
party. 


€ 


« 


•son,  Judge 

m.  the  adju- 
n  of  captain 
:onsequencc 
r,  the  super- 

in  the  case 
itil, 


1 


cbl.  Smith, 
itain  Boyle, 
bers ;    lieut. 

ptain  Joseph 
ily  heard  the 
ly  objections 
L  replying  in 
wing  charge 
y  colonel  C. 
r  from  major 

ig  a  return 
party  of  the 
e  morning  of 
irdly  manner 
this  party  of 
in  sight  of 
J  before  this 


4 


M 


19 

To  which  charge  and   specification  the  prisoner 
li\Q2idQd '-' not  guilty,'" 

Corporal  Gale,  2 U^  infantry,  witness  for  the  pro- 
secution, duly  sworn,  says :  After  our  brigade  arrived 
at  Chippe^vay,  a  picquet  was  wanted  to  fill  up  the  va- 
cancy  that  the  sentinels  of  the  other  brigade  did  not 
fill.     It  was  about   12  o'clock  at  night  when  the  bri-  • 
gade  arrived;  immediately   upon    arriving,    captpin 
Treat  was  ordered  to  take  charge  of  a  picquet ;  to  fill 
up  the  vacancies  that  the  other  picquet  did  not ;  I  be- 
longed  to  the  picquet.     Capt.  Treat  asked  the  officer 
who  gave  him  charge  of  the  picquet,  to  go  with  him 
and  shew  him  where  to  station  it.     He  told  captain 
Treat,  it  was  no  use  to  go ;  he  could  find  it  as  well  as 
himself.     Capt.  Treat  marched  the  picquet  on,  and 
found  the  end  of  the  line  of  sentinels  of  the  other  pic- 
quet.     It  being  dark,  it  was  some  time  before  captain 
Treat  could  find  the  sentinels  of  the  picquet.    He  then 
placed  his  sentinels,  but  they  would  not  reach  to  the 
other  picquet  which  he  had  not  found.     He  then  sta- 
tioned  his  guard  at  a  place,  and  went  in  search  of  the 
other  picquet,  but  could  not  find  it.     He  then  return- 
ed, took  a  sergeant  with  him  and  went  again,  and  then 
found  it;  after  he   had  found  it,  he  took  sentinels 
enough  to  reach  from  the  first  picquet  he  had  found 
unto  the  next  one.  He  then  returned  and  took  a  patrole 
out  to  patrole  from  the  guard  to  Black  Creek  ;  next 
morning  about  7  or  8  o'clock,  the  brigade  major,  I 
believe,  came  and  ordered  the  picquet  in  immediately ; 
there  being  some  firing  of  small  arms  towards  Chip-r 
peway.  He  immediately  called  in  his  sentinels,  march- 
ed in  double  files  towards  canip  ;  we  had  got  about 
opposite  the  other  picquet,  they  were  betwixt  us  aii4 


! 


sa 


the  woods ;  it  was  very  tall  grass,  and  we  did  not  sec 
the  picquet  ;  they  were  sitting  down  ;  as  soon  as  the 
firing  commenced,  they  rose  up ;  I  thought,  as  well 
as  others,  that  it  was  the  picquet  firing  upon  us.  A 
number  of  our  men  rose  and  asked  the  other  picquet 
Xvhy  they  were  firing  on  their  own  men.  A  great  part 
of  the  guard  were  new  recruits,  and  as  they  kept  a 
firing,  many  of  them  fell  back ;  as  they  fell  back  capt. 
Treat  spoke  to  them  and  ordered  them  to  form.  It 
did  not  seem  to  answer  much  purpose ;  they  continu- 
ed falling  back ;  he  repeated  it  a  second  time,  told 
them  to  halt  and  form ;  by  that  time  a  great  part  of 
the  guard  had  got  to  the  fence,  about  five  or  six  rods 
from  where  we  had  been  fired  upon.  Capt.  Treat 
followed  after  them  to  try  to  stop  them ;  by  the  time 
he  got  to  the  fence,  a  number  of  the  men  had  got  as 
far  back  as  where  capt.  Biddle's  artillery  was  ;  those 
who  had  got  there,  capt.  Biddle  stopped.  Capt.  Bid- 
die  came  up  to  the  fence  where  capt.  Treat  had  stop. 
ped  the  main  part  of  his  guard.  One  of  the  men 
spoke  and  said,  that  there  was  a  man  wounded  in  the 
field ;  capt.  Treat  said  he  did  not  know  there  was  one 
there,  but  immediately  marched  his  guard  back  and 
brought  him  off.  Gen.  Brown  came  up  and  told  him 
to  march  his  guard  to  where  he  had  been  fired  upon. 
In  search  of  the  enemy.  He  immediately  marched 
them,  but  found  no  one ;  he  marched  them  about  a 
mile— I  should  say  into  the  woods,  till  he  came  to  a 
small  road,  and  there  an  officer  came  up  and  told  him 
to  march  his  picquet  into  camp ;  he  then  marched  the 
picquet  in.  I  cannot  say  positively,  but  believe  it 
was  the  day  we  had  the  battle  of  Chinnewav.    Whrn 

-  I  i.  -  —s  -        - * 


^  .-^ItJl 


I 


did  not  sec 
oon  as  the 
ht,  as  well 
on  us.  A 
ler  picqiiet 
^  great  part 
hey  kept  a 
back  capt. 
I  form.  It 
jy  continu- 
time,  told 
eat  part  of 
3r  six  rods 
'apt.  Treat 
y  the  time 
had  got  as 
ras  ;  those 
Capt.  Bid- 
had  stop- 
f  the  men 
ided  in  the 
xe  was  one 
I  back  and 
d  told  him 
ired  upon, 
r  marched 
m  about  a 
came  to  a 
d  told  him 
larched  the 
believe  it 
IV-    When 


capt.  Treat  was  on  the  picquet,  he  complained  and 
seemed  to  be  very  lame. 

Question.  By  the  Coz/r^—During  the  fire  upon 
your  picquet,  did  capt.  Treat  appear  to  be  cool  and 
collected  ?  • 

Answer.  He  did  ;  very  much  so. 

Q.  By  the  Court,— T>o  you  know  the  strength  of 
the  party  ot  the  enemy  who  fired  upon  you  ? 

A.  I  do  not ;  I  did  not  see  them. 

Q.  By  the  Judge  Advocate. — Did  you  ascertain 
that  it  was  not  the  other  picquet  who  fired  upon  you  ? 

A.  Afterwards  we  did,  from  the  smoke  appearing 
in  the  edge  of  the  woods. 

Q.  By  the  Court. — Did  capt.  Treat  exert  himself 
to  stop  those  men  who  retreated  to  capt.  Biddle's  ar- 
tillery ? 

A.  He  appeared  to  try  all  in  his  power  to  stop  them, 
as  I  thought ;  the  left  of  the  picquet,  as  he  was  march- 
ing  in  double  files,  fell  off;  he  told  them  to  stop  a 
number  of  times. 

Q.  By  the  Court.  — Did  capt.  Treat  bring  the  guard 
into  camp  in  good  order  ? 

A.  He  did  ;  the  wounded  were  carried  in  before 
capt.  Treat  marched  the  guard  into  the  \voods  ? 

Q.  By  the  Court. — Were  all  the  guaru  marched  in- 
to camp  except  those  that  were  wounded '? 

A.  All  except  four;  four  it  took  to  carry  the  man 
©ff  that  was  badly  wounded ;  the  others  thiit  were 
Wounded  marched  themselves. 

Q.  By  the  Court. — How  many  were  wounded  ? 
A.  Three ;    one  of   which  was  accidentally  by  A 
bayonet  in  his  leg  by  one  of  our  own  men. 

Q.  By  the  Friso:ier.'—l\o\r  far  was  tlie  guard  from 


1 


I  M 


m 


22 

major  Biddle's  artillery  when  fired  iij.'jn  by  the  ene- 
my ? 

A.  I  think  it  was  six  or  seven  rods  from  major 
Biddlc's  artillery  to  the  fence,  and  five  or  six  from  the 
fence  to  where  we  were  fired  upon. 

Q.  i?//  the  Ptisoner. — Was  not  the  |]juard  when 
fired  upon  directly  in  front  of  major  Biddle's  artillery? 

A,  The  guard  appeared  to  be  in  a  direct  course 
between  major  Biddlc's  artillery  and  the  enemy  ;  the 
men  who  fell  buck  said  that  they  thought  major  Bid- 
dlc's artillery  Avas  about  to  fire,  and  they  were  in  the 
way  of  it. 

Q.  By  the  Prisoner. — On  the  first  fire  did  not 
many  of  the  men  kneel  down  in  the  grass,  and  did 
not  1  immediately  order  them  to  rise  and  face  to  the 
left,  the  direction  from  which  the  firing  was? 

A.  You  did  ;  such  was  the  case. 

Q.  By  the  Prisoner. — Did  not  the  guard  break  im- 
mediately after  the  second  fire,  and  about  half  the 
guard  retreat  over  the  fence  to  major  Biddle's  artil- 
lery? 

A.  They  did ;  I  should  judge  it  was  about  half  the 
guard  who  retreated.     - 

Q.  By  the  Prisoner. — Did  not  I  repeatedly  order 
the  men  to  halt  and  form,  previous  to  major  Biddle's 
halting  them  ? 

A.  You  did,  and  halted  about  half  the  guard  at  the 
fence. 

Q.  By  the  Prisoner. — Was  not  I  in  rear  of  the 
men  who  broke  from  the  guard,  and  between  them 
andthecnemv?         - 

A.  You  were^  . 

Q.  By  th    Prisoner. — Did  you  hear  me  give  any 


m 


23 


by  the  cne- 

from  major 
■  six  from  the 

p^uard  when 
e's  artillery? 
ircct  course 
enemy  ;  the 
major  Bid- 
^vere  in  the 

fire  did  not 
ss,  and  did 
I  face  to  the 
as? 

•d  break  im- 
)ut  half  the 
ddle's  artil- 

)out  half  the 

itedly  order 
jor  Biddle's 

guard  at  the 

rear  of  the 
tvveen  them 


m 


I 


orders  for  the  men  to  retreat,  previously  to  my  order- 
ing them  to  retreat  for  the  purpose  of  forming  them 
on  those  halted  by  major  Biddie  ? 

A.  I  did  not. 

Q.  By  the  Prisoner. — Did  tnajor  BidcUe  or  mi/self^ 
order  tlie  guard  to  march  to  the  place  where  the 
wounded  man  lay»  after  receiving  orders  for  that  pur- 
pose from  general  Brown  ? 

A.  Captain  Treat  took  command  of  tlie  guard  and 
marched  them  back. 

Q.  By  the  Prisoner. — After  arriving  where  the 
wounded  man  lay,  did  not  /  order  som  .f  the  men 
to  carry  him  into  camp  to  the  surgeon's  tent? 

A.  I  do  not  recollect  as  to  the  surgeon's  tent ;  but 
you  ordered  them  to  carry  him  into  camp. 

Q.  By  the  Prisoner. — Did  major  Biddie  accomp^^ny 
the  guard  any  further  than  to  the  wounded  man  ? 

A.  He  did  not  any  further  than  that,  and  I  do  not 
know  of  his  going  any  further  th-.n  to  the  fence. 

Q.  By  the  Prisoner. — Did  you  consider  that  major 
Biddie  assumed  the  command  of  the  guard,  or  did  you 
hear  him  give  any  orders  for  their  movement,  or  any 
words  of  command  to  the  guard  after  halting  the  men 
near  his  artillery  ? 

A.  I  did  not. 

Q.  By  the  Court. — Was  there  a  subaltern  in  this 
guard? 

A.  There  was. 

Q.  By  the  Court. — Who  was  he  ? 

A.  1  do  not  knew,  but  believe  he  belonged  to  the 
17th  infantry. 

Q.  By  the  Court* — Of  what  number  did  the  guard 
consist  ?  . 


le  give  any 


i    I 


ii 


2* 

A.  About  forty  privates. 

Q.  Bt/  the  Court. — Did  gen.  Brown  give  the  order 
to  captain  Treat  to  march  into  the  field  and  bring  off 
the  wounded  man  ? 

A.  T  did  not  hear  him. 

Q.  By  the  Court. — Did  general  Brown  come  up  to 
the  guard  before  the  wounded  man  was  brought  from 
the  field? 

A.  I  believe  they  were  about  formed  to  march  back 
when  general  Brown  arrived  ;  but  I  am  not  certain. 

The  court  adjourned  until  to-morrow,  10  o'clock, 
A.M. 


SATURDAY,    APRIL   15,    1815. 

The  court  mtt  pursuant  to  adjournment. 

PRESENT. 

Colonel  M'Fcely,  President;  lieut.  col.  Smith, 
raajor  M'llhenny,  major  Crooker,  captain  Boyle, 
and  captain  Seymour,  Members;  lieut.  Anderson, 
Judge  Advocate. 

On  account  of  the  indisposition  and  absence    of 
captain  White,  the  court  adjourned  until  Monday,  |^ 
o'clock,  A.  M. 


MONDAY,  APIIIL  17,  1815. 

The  court  met  pursuant  to  adjournment. 


MiESENT. 


f'' 


Colonel  M'Feeley,  President ;  lieut.  colonel  Smith, 
major  M'llhenny,  major  Crooker,  captain  Boyle,  and 
captain  Seymour,  Members ;  lieut.  Anderson,  Judge 
Advocate. 

On  account  of  the  continued  indisposition  and  ab- 
sence of  capt.  White,  the  court  adjourned  until  to- 
morrow, 10  o'clock,  A.  M. 


Jld 


give  the  order 
and  bring  off 


'n  come  up  to 
brought  from 

to  march  back 
1  not  certain. 
',  10  o'clock. 


nt. 

col.  Smith, 
ptain  Boyle, 
t.  Anderson, 

i  absence   of 
Monday,  yi 


It. 

)lonel  Smith, 
I  Boyle,  and 
jrson,  Judge 

tion  and  ab- 
led  until  to- 


# 


TUESDAY,    Ai'BIL  18,   1815. 

The  court  met  pursuant  to  adjournment. 

PRESr.NT. 

Colonel  M'Feeley,  President ;  lieut.  colonel  Smith, 
major  M*Ilhenny,  major  Crooker,  captain  Boyle, 
captain  White,  and  capt.  Seymour,  Members ;  lieut. 
Anderson,  Judge  Advocate. 

Corporal  Fellows,  2 l^f  infantry,  witness  for  pro- 
secution, duly  sworn,  says  :  On  the  night  of  the  4th 
July,  1814,  at  about  11  or  12  o'clock,  I  was  detailed, 
on  our  first  arrival  at  the  plains,  where  we  encamped, 
for  a  picquet  guard,  commanded  by  captain  Treat.— 
Major  Orne,  inspector  general,  ordered  him  to  station 
his  guard,  so  as  to  fill  up  a  particular  vacancy  between 
two  others.     Capt.  Treat  desired  him  to  go  with  him 
to  shew  him  where  it  was  ;  major  Orne  pointed  out  a 
particular  direction,  told  him  it  was  somewhere  in  that 
direction,  but  did  not  know  exactly  where ;  that  capt. 
Treat  could  find  it  as  well  as  he  could.     Accordingly 
capt.  Treat  marched  his  guard  in  that  direction,  and 
after   some   time  found  the  sentinels  of  one    of  the 
guards  ;  he  proceeded  from  that  and  posted  his  senti- 
nels out  in  the  direction  of  their  line,  but  found  no 
other  guard  ;  I  think  he  sent  a  sergeant  next,  to  look 
for  the  other  f>;uard — he  returned  without  finding  it ; 
he  afterwards  went  himself  with  a   sergeant  to  look 
for  it ;    after  a    considerable  time   he  found  where 
the   other   guard  was.     He  then  altered  the  line  of 
sentinels  he  had  placed,  so  as  to  extend  from  one 
guard  to  the  other.     We  were  not  disturbed  during 
the  night,    nor  visited  by  any  officer ;    immediately 
after  placing  the  sentinels  anew,  there  was  a  patrole 
sent  out.     Next  morning  about  7  or  8  o'clock,  the 

D 


i  I 


!^ 


26 

brigade  tnajor  came  with  orders  to  take  off  his  guard 
and  march  them  in  immediately  ;    he  then  had  the 
sentinels  taken  off  post,  the  guard  formed,  and  march- 
ed them  towards  camp  in  files.  When  we  were  about 
two  thirds  of  the  way  to  camp,  we  were  fired  upon  by 
a  party  on  our  left,  from  the  woods.     Upon  their 
firing  I  faced  round  myself  towards  the  left,  and  saw 
a  smoke  in  the  woods  ;  saw  no  enemy,  but  the  smoke 
alone.    Upon  the  first  fire  a  considei  able  part  of  the 
the  men  lay  down  in  the  grass  ;  I  myself  took  my 
musket  and  cocked  it,  expecting  we  should  have  an 
order  to  fire.     By  that  time  I  discovered  some  of  the 
guard  falling  back  ;  I  expected  by  that  there  had  been 
an  order  for  it  from  the  officer  ;  as  I  was  in  the  rear 
it  would  have  been  difficult  for  me  to  hear  the  word  of 
of  command  ;  I  did  not  hear.  Soon  after  the  first  ones 
began  to  fall  back,  they  all,  I  believe,  faced  round  and 
began  to  retreat.    Upon  that,  captain  Treat  spoke  out 
pretty  loudly,  to  halt  and  form,  several  times.  By  that 
time  the  forward  ones  had  got  to  a  large  felled  tree,  for- 
ward of  us  in  the  direction  of  our  line ;   I  expected  the 
guard  would  form  behind  that  tree,  as  it  was  but  a 
little  distance  where  we  started  from.     Accordingly 
a  considerable  part  of  them  stopped  behind  this  tree 
and  commenced  a  fire.  As  the  rest  of  them  continued 
to  fall  back  they  followed  after  them,  till  they  came  up 
to  a  fence  near  captain  Biddle's  artillery.     By  this 
"'time  the  ones  who  had  first  fallen  back  and  kept  for- 
ward,  had  got  nearly  to  captain  Biddle's  company  ; 
when  captam  Biddle  turned  out,  halted  them,  and 
ordered    them    back.     I    cannot    exactly    recollect 
whether  captain  Treat  marched  the  part  of  the  guard 
with  him,  to  that  part  of  it  halted  by  captain  Biddle, 


;  off  his  guard 
:  then  had  the 
?d,  and  march- 
vve  were  about 
:  fired  upon  by 
Upon  their 

left,  and  saw 
but  the  smoke 
)le  part  of  the 
yself  took  my 
hould  have  an 
d  some  of  the 
there  had  been 
as  in  the  rear, 
ar  the  word  of 
r  the  first  ones 
:ed  round  and 
reat  spoke  out 
imes.  By  that 
elled  tree,  for- 
[  expected  the 

it  was  but  a 

Accordingly 
hind  this  tree 
em  continued 

they  came  up 
^ry.  By  this 
and  kept  for- 
e's company  ; 
d  them,  and 
itlv    recollect 

of  the  guard 
ptain  Biddle, 


or  that  part  of  it  joined  captain  Treat ;  but  the  two 
were  formed  together.    At  that  time  general  Brown 
came  up  to  us.     One  of  the  men  then  mentioned, 
there  was  a  wounded  man  left  behind.  General  Brown 
asked  captain  Treat  why  he  had  left  the  man  on  the 
ground.     He  answered,  he  did  not  know  there  was  a 
man  wounded.     The  man  who  was  wounded,  was 
wounded  near  the  rear  of  the  guard ;   the  grass  was 
so  high  that  the  man  could  be  seen  but  a  short  dis- 
tance after  falling.    General  Brow  n  then  ordereid  capt. 
Treat  to  march  his  guard  to  the  ground  and  bring  off 
the  mai>  that  was  wounded.     He  marched  his  guard 
unto  the  ground.  He  then  received  another  fire,  which 
wounded  another  man,  not  so  as  to  disable  him  from 
s-etting  off  himself.    Captain  Treat  then  ordered  some 
men  from  the  right  to  take  the  man  who  had  first  been 
wounded  to  camp  ;  he  then  marched  his  guard  tp  th^e 
woods  in  the  direction  he  saw  the  smoke.     When  we 
came  up  to  the  place,  the  enemy  had  left  it.     pie  then 
marched  his  guard  some  way  in  that  direction,  into  the 
woods,  till  we  came  to  a  road ;  we  discoverefl  no 
enemy.  He  then  followed  the  road  to  the  left,  and  §oon 
met  colonel  Gardner,  adjutant  general;  he  ordered 
the  guard  to  return  to  camp.     Captain  Treat  then 
marched  the  guard  to  camp  and  dismissed  it. 

Q.  £y  the  Cowrr.— Did  captain  Treat  at  the  time 
his  guard  was  attacked  exhibit  any  marks  of  fear  or 
trepidation  ? 

A.  I  did  not  notice  that  he  did. 

Q.  By  the  C'owrr.— Did  he,  in  your  opinion,  exert 
himself  to  prevent  his  guard  from  retreating,  and  fropi 
any  misbehavior  before  the  enemy  ? 

A.  I  think  he  did. 


,! 


28 


i  I 


ii 


Q.  £t/  the  Court. — Do  you  know  what  led  captain 
"treaty  after  he  had  returned  into  the  field  for  the 
tvounded  man,  to  march  in  the  direction  of  the  enemy  ? 

A.  It  was  general  Brown's  orders. 

Qi'  By  the  Court, — When  general  Brown  ordered 
capt.  Treat  to  march  his  guard  to  bring  off  the  wound- 
ed  man,  was  not  his  guai'd  already  formed  for  that 
purpose  by  capt.  Treat?  ...  , 

A.  The  guard  was  formed  by  capt.  Treat :  I  do 
not  know  for  what  purpose. 

Q.  By  the  Court, — Wliere  was  capt  Treat  when 
the  first  man  was  wounded  ? 

A.  He  was  in  front  of  his  guard  as  they  were  march- 
iiig  in  files  tow^ards  camp. 

Q.  By  the  Prisoner, — At  what  distance  was  the 
gltard  from  major  Biddle's  artillery  when  fired  on  by 
the  enemy  ?  ,        . 

A.  I  think  about  ten  or  twelve  rods. 

Q.  By  the  Prisoner. --At  what  distance  do  you 
thitik  tlie  enemy  was  from  the  guard  when  fired  on  ? 

A.  I  think  about  sixty  rdds. 

Q.  By  the  Prisoher.'^bid  major  Biddle  give  any 
Words  of  command  to  any  other  {)art  of  the  guard  ex* 
cept  those  he  halted  ? 

A.  I  do  not  recollect  that  he  did. 

Q.  iy  th^  Prisoner, -^W^^  not  the  guard  compos- 
ed  mostly  of  new  recruits  t 

A.  Part  were  new  recruits;  I  cannot  tell  what 
number. 

Q.  By  the  Caf/nf.^What  was  the  strength  of  this 
guard?  ^ 

A.  I  think  there  was  about  fifty  non-commissioned 
officers  and  privates  including  the  patrole  of  riflemen  ; 


hat  led  captain 
e  field  for  the 
of  the  enemy? 

3ro\vn  ordered 
off  the  wound- 
brmed  for  that 

.  Treat :  I  do 

.   Treat  when 

y  were  march- 

ance  was  the 
m  fired  on  by 


itance  do  you 
len  fired  on  ? 

Idle  give  any 
the  guard  ex* 


uard  compos. 

lot  tell  what 

rength  of  this 

commissioned 
;  of  riflemen  ; 


^ 


m 


the  whole  commanded  by  capt.  Treat,  and  a  subaltern 
whom  I  did  not  knovv» 

Q.  Bi/  the  jPmf?«tT.— Was  the  guard  kept  in  good 
order  during  the  night,  and  when  marched  into  mp, 
until  fired  on  ? 

A.  It  was. 

Q.  Bif  the  Co«rf.— Was  the  guard  finally  con- 
ducted into  camp  in  good  order,  when  ordered  in  by 
colonel  Gardner  ? 

A.  It  was. 

The  court  then  adjourned  until  to-morrow,  at  10 
o'clock,  A.  M. 


WEMNESDAY,   APRIL   19,    1815, 

The  court  met  pursuant  to  adjournment. 

'  PRESENT. 

Colonel  M'Feeley,  President ;  lieut.  col.  Smith, 
major  M*Ilhenny,  major  Crooker,  captain  Boyle, 
captain  White,  and  captain  Seymour,  Members; 
lieut.  Anderson,  Judge  Advocate. 

Corporal  Barton,  2 U^  infantry,  witness  for  prose- 
cution, sworn,  says;  On  the  evening  of  t^>-  4th  July, 
1814,  between  11  and  12  o'clock,  I  was  detailed  for 
picquet  guard,  under  the  command  of  captain  Treat. 
Major  Orne,  assistant  inspector  general,  came  to  the 
guard  and  ordered  capt.  Treat  to  take  post;  capt.  Treat 
asked  major  Orne,  where  the  guard  was  to  be  posted ; 
major  Orne  pointed  to  the  woods  in  the  direction  the 
guard  was  to  march ;  the  reply  major  Orne  nindc  to 
captain  Treat,  when  he  asked  him  where  tlie  guard 
was  to  be  posted,  was,  that  he  did  not  know  exactly 
himself;  but  told  him  it  was  to  fill  up  the  vacancy 
between  the  guards  already  posted.     CnpUiin  Treat 


' 

i 
f 

1 

i 
i 

' 

i 

lii- 

■llll 


started  ^vith  his  guard  ;  major  Ornc  went  a  few  rods 
with  him  ar.d  returned  ba^k ;  after  some  time  we  came 
up  to  a  sentinel  of  one  of  the  guards ;  captain  Treat 
went  ffoni  him  to  where  the  guard  was  stationed  ;  the 
guard  of  capti'iii  Treat  remained  with  the  sentinel  ; 
wlien  captain  Treat  returned,  he  said  he  could  get  no 
information    where  the  other    guard  was  stationed; 
captain  Treat  started  with  the  guard  again,  and  it  was 
some  time  before  he  found  the  other  guard;  when 
captain  Treat  found  ^^here  his  guard  was  to  be  sta- 
tioned, he  ordered  the  relief  to  be  taken  off,  and  accord- 
ingly it  Mas  ;  the  relit f  was  posted ;   captain    Treat 
went  himself  with  it ;  when  captain  Treat  returned,  he 
ordered  a  patrole  sent ;  patroles  were  kept  out  during 
the  night ;  the  guard,  I  thought,  was  kept  in  good 
order  during  the  night ;   it  v\'as  not  visited  by  the  offi. 
cer  of  the  day,  or  any  other  officer,  until  7  or  8  o^clock 
next  morning,  when  lieutenant  Clark,  brigade  major, 
second  brigade,  came  to  the  guard  and  ordered  captain 
Treat  to  call  in  his  sentinels,  and  march  his  guard 
immediately  into  camp ;  the  sentinels  were  called  in 
and  were  marching  into  camp;   when  thy  arrived  to 
within  about   fifteen  rods,  I  should  say,  of  the  left 
flank  of  the  camp,  where  captain  Biddle's  company  of 
artillery  was  stationed,  the  guard  was  fired  on  from 
the  woods;  at   which  the    men    generally    squatted 
down  in  the  grass ;  the  grass  was  very  high ;  captain 
Treat  immediately  ordered  the  men  to  rise  and  front ; 
the  men  rose  up  and  directly  we  received  another  fire  ; 
upon  which  a  number  of  the  men,  I  should  say  nearly 
twenty,  from  the  rear  flank  of  the  guard,  bi  oke  and  run 
tOA^ai ds  camp  ;  captain  Treat  ordered  them  repeatedly 
to  halt  and  form ;  the  men  dkl  not  pay  any  regard  to 


*-     -m 


tvcnt  a  few  rods 
le  time  we  came 
;  captain  Treat 
5  stationed ;  the 
h  the  sentinel  ; 
he  could  get  no 

was  stationed; 
^ain,  and  it  was 
r  guard;   when 

was  to  be  sta- 
ofF,  and  accord- 
captain  Trejit 
eat  returned,  he 
ccpt  out  during 
i  kept  in  good 
ited  by  the  offi- 
il  7  or  8  o'clock 
brigade  major, 
ordered  captain 
arch  his  guard 

were  called  in 
th  y  arrived  to 
ay,  of  the  left 
"'s  company  of 

fired  on  from 
rally    squatted 

high;  captain 
rise  and  front ; 
d  another  fire ; 
)uld  say  nearly 

broke  and  run 
lem  repeatedly 

any  regard  to 


• 


i 


■fl 


31 

what  he  said  ;  they  run  until  they  got  near  captain 
Biddle's  artillery,  \\hen  captain  Eiddle  turned  out  and 
halted  the  men.    About  the  time  the  men  were  halted 
by  captam  Biddlc,  I  heard  some  person  from  towards 
camp,  near  captain  Biddle's  artillery,  say,  as  if  they 
spoke  to  captain  Treat,  **  Clear  away  for  the  artillery  ;" 
captain  Treat  then  ordered  the  men  \^ho  Mere  with 
him,  to  march  up  to  where  those  were  Mho  had  been 
halted  by  captain  Biddle  ;  when  he  marched   up  to 
where  the  men  who  had  been  halted  by  captain  Biddle 
were,  captain  Treat  ordered  one  of  the  sergeants  to 
count  them,  and  see  if  they  were  all  present ;  about 
that  time  general  Brown  came   up  ;   I  heard  the  ser- 
geant observe  to  captain  Treat,  that  there  was  one  man 
left  behind  wounded,  where  the  guard  was  fired  upon ; 
general  Brown  ordered  captain  Treat  to  march  his 
guard  back  and  fetch  off  the  wounded  man  ;  the  guard 
was  marched  back,  and  the  man  was  found,  and  ci.pt. 
Treat  ordered  a  corporal  and  three  men  to  take  him  im- 
mediately into  camp.  Gen.  Brown  then  ordered  capt. 
Treat  to  march  his  guard  into  the  woods  in  pursuit  of 
the  enemy ;  captain  Treat  immediately  marched  his 
men  into  the  woods,  \\  hence  the  firing  was  ;  the  guard 
had  marched  into  the  woods  a  piece  ;  we  saw  a  partv 
of  men  ;  captain  Treat  then  ordered  the  guard  to  halt'; 
he  found  they  were  a  party  of  our  own  men  out ;   they 
were  marching  in  the  same  direction  captain  I'leat 
was  marching  his  guard  ;  captain  Treat  then  turntct 
with  his  guard  to  the  left,  and  took  a  circuit  through 
the  woods,  I  should  judge  about  a  mile;   made  no 
discoveries  of  any  enemy  ;  marched  out  into  an  old 
road;  when  colonel  Gardner,  adjutant  general,  rode 
up  to  captain  Treat  and  ordei-ed  liim  to  marcli  his 


*  J 


I 


ill 


! 


n< 


f 


!i 


\ll 


guard  into  camp  ;  the  guard  accordingly  was  marched 
in  and  dismissed. 

Q.  Bjj  the  Court. — Did  capt.  Treat  appear  cool 
and  collected  \vheii  fired  on  by  the  enemy  ? 

A.  I  th();ight  he  did. 

Q.  By  the  Prisoner, — Did  you  hear  me  give  any 
orders  for  the  men  to  retreat,  previous  to  marching  the 
men  up  to  form  on  those  halted  by  major  Biddle  ? 

A.   I  did  not.  , 

Q.  £^  the  Pviso7ier. — Did  I  not  use  exertions  to 
prevent  the  men  from  running? 

A.  I  thought  so ;  capt.  Treat  repeatedly  ordered 
the  men  to  stop  and  form  themselves. 

Q.  By  the  Prisoner, — Did  yoii  know  that  there 
was  a  man  left  ^vounded  on  the  field  until  the  guard 
was  formed  near  capt.  Biddle 's  artillery  ? 

A.  I  did  not. 

Q.  By  the  Frisonenr^At  what  flank  of  the  guard 

were  you? 

A.  In  front,  when  marching  in  files. 

Q.  By  the  Prisoner. — What  distance  do  you  sup- 
pose it  was  from  where  the  guard  was  fired  on,  to  the 
woods  ^vhere  the  enemy  was  posted  ? 

A.  I  should  judge  it  was  at  least  eighty  rods. 

Q.  By  the  Prisoner.-^Did  I  not  halt  the  part  of  the 
guard  that  was  with  me,  at  or  near  a  large  tree  and 
fence,  and  order  them  to  make  ready,  about  the  time 
some  person  cried  out  "  clear  away  for  the  artillery'*  ? 

A.  You  did. 

Q.  By  the  Pmowm-~Was  not  the  guard  compos- 
ed  mostly  of  new  recruits  ? 

A.  I  should  say  about  half  of  it  was.  ' 


3d 


ly  was  marched 

eat  appear  cool 
my  ? 

ar  mc  give  any 
o  marchirjj  the 
jor  BiddleV 

sc  exertions  to 

eatedly  ordered 

now  that  there 
until  the  guard 

ik  of  the  guard 


e  do  you  sup- 
fired  on,  to  the 

hty  rods, 
the  part  of  the 
large  tree  and 
about  the  time 
the  artillery' » ? 

guard  compos- 


4 


•I 


4 

m 


Q.  By  the  Prisoner, — Did  you  at  any  time  see  the 
party  of  the  enemy  who  fired  at  you  ? 

A.  I  did  not. 

Q.  By  the  Prisoner. — Did  you  consider  capt.  Bid- 
die  as  assuming  command,  or  did  you  hear  him  give 
any  words  of  command,  except  halting  those  who  re- 
treated to  his  artillery  ? 

A.  I  did  not  consider  him  as  taking  command,  and 
the  only  order  I  heard  him  give  was,  to  pulldown  two 
or  three  Icnc^ths  of  the  fence. 

Q.  By  the  Judge  Advocate. — Was  capt.  Biddlc's 
artillery  directly  upon  the  flank  of  the  camp,  or  some 
distance  from  it  ? 

A.  It  was  near  the  flank,  but  I  think  there  was  a 
part  of  the  23d  on  the  left  of  it. 

Q.  By  the  Court. — V\  hat  regiments  did  the  guard 
belong  to  ? 

A.  The  21st,  and  a  company  of  the  17th,  attached 
to  the  21st. 

Q.  By  the  Court.— W^rc  the  recK.its  of  the  21st, 
or  of  the  17th? 
A.  Of  both. 

Q.  By  the  Court. — How  could  you  tell  that  those 
of  the  17th  were  I.  bruits? 

A.  They  were  encamped  next  to  the  company  that 
I  belonged  to ;  and  frequently  told  me  that  scarcely 
any  of  them  had  ever  been  in  action. 

Q.  By  the  Court. — Do  you  know  the  reason  of 
capt.  Treat's  halting  his  guard  when  he  saw  a  party 
of  men  in  the  woods  ? 

A.  He  ordered  the  guard  to  halt ;  for  that  he  dis- 
co\'ered  some  men,  and  did  not  know  but  that  they 
^vere  the  enemy. 


ii'ilil': 

m 


I  ■    1 


il   I 


III 


mi 

I    ! 


U! 


I. 

|i 

'  ril'i  i 

i 


8i 

Q.  By  the  Prisoner. — Were  not  most  of  the  men 
of  the  guard  who  were  detailed  from  the  21st,  from 
capt.  Vose's  company  of  new  recruits  ? 

A.  There  was  a  number  of  them  from  that  compa- 
ny ;  I  cannot  exactly  tell  the  number. 

Q.  By  the  Prisoner, — Had  the  guard  been  regular- 
ly detailed  ? 

A.  They  were  taken  from  the  right  of  the  regiment, 
consisting  of  the  17th,  and  part  of  capt.  Vose's  com- 
pany. 

Q.  By  the  Court, — Do  you  recollect  of  the  guard 
being  fired  on,  and  a  man  wounded,  at  the  time  capt. 
Treat  marched  back  for  the  wounded  man  ? 

A.  The  guard  was  fired  on,  and  a  man  wounded 
through  the  shoulder. 

Q.  By  the  Court, — Did  capt.  Treat  appear  to  be 
intimidated  when  he  first  saw  the  party  in  the  woods  ? 

A.  I  did  not  observe  that  he  did. 

The  court  then  adjourned  until  to-morrow,  10 
o'clock,  A.  M. 


THURSDAY,   APRIL   20,   1815. 

The  court  met  pursuant  to  f.djournment. 

PRESENT. 

Colonel  M'Fceley,  President ;  lieut.  col.  Smith, 
major  M'llhenny,  major  Crooker,  captain  Boyle, 
captain  White,  and  captain  Seymour,  Members; 
lieut.  Anderson,  Judge  Advocate. 

Sergeant  Holt,  2\st  Infantry^  witness  for  prosecu- 
tion, sworn:  On  the  evening  cl  the  4th  July  last,  I 
was  on  the  plains  near  Chippeway  ;  was  detailed  for 
picquet  guard  under  the  command  of  captain  Treat. 
Captain  Treat  received  orders  from  major  Orne,  that 


lost  of  the  men 
1  the  21st,  from 

rom  that  compa- 

t 

ird  been  regular- 

of  the  regiment, 
pt.  Vose's  com- 

lect  of  the  guard 
It  the  time  capt. 
man  ? 
I  man  wounded 

;at  appear  to  be 
y  m  the  woods  f 

to-morrow,    10 


15. 

iment. 

ait.  col.  Smith, 

captain    Boyle, 

our,  Members; 

ess  for  prosecu- 
4th  Tuly  last,  I 
was  detailed  for 
:  captain  Treat, 
lajor  Orne,  that 


f 


U 

his  guard  was  to  be  pasted  to  fill  up  a  vacancy  between 
two  other  guards,  that  were  then  posted.  Captain 
Treat  asked  major  Orne,  if  he  would  go  with  him 
and  shew  him  where  the  guards  were.  Major  Orne 
told  captain  Treat  that  he  did  not  know  where  the 
guards  were  himself,  but  that  he  must  march  his 
in,  and  find  them.  Aftrr  a  good  deal  of  difficulty, 
captain  Treat  found  the  guards,  and  posted  his  senti- 
nels  and  sent  out  a  patrole.  The  guard  was  kept  in 
good  order  during  the  night ;  the  guard  was  not 
visited  by  any  officer  during  night ;  until  next  morning 
about  7  or  8  o'clock,  when  lieutenant  Cla^^',  the  brigade 
major,  came  to  captain  Treat,  and  ordered  him  to 
march  his  guard  immediately  into  camp.  Captain 
Treat  called  in  his  sentinels,  and  started  his  guard  to 
march  into  camp ;  and  had  got  to  within  fifteen  or 
twenty  rods  of  the  left  flank  of  our  camp,  when  we 
were  fired  upon  by  the  enemy  ;  the  men  seemed  to 
lie  down  in  the  grass  the  first  fire  ;  captain  Treat 
ordered  them  to  rise  and  form  facing  the  woods  ;  the 
men  rose,  and  as  they  received  the  second  fire,  part  of 
them,  from  fifteen  to  twenty,  broke  and  ran  towards 
captain  Biddle's  artillery  ;  captain  Treat  was  very 
lame  at  that  time ;  he  ordered  the  men  to  halt  and 
form ;  they  paid  no  attention,  until  they  were  halted 
by  captain  Biddle ;  then  captain  Treat  marched  his 
guard  up  to  captain  Biddle,  and  sent  a  sergeant  out  to 
see  if  there  were  any  missing  ;  the  sergeant  told  capt* 
Treat  that  there  was  one  wounded ;  general  Brown 
came  up  at  the  same  time,  and  told  captain  Treat  to 
march  his  guard  back  and  bring  off  the  wounded  man ; 
captain  Treat  marched  his  guard  back,  and  sent  thrc^ 


HI 


M 


'  [j 

1 

i 

1 

i 

1 

' 

■■ 

s 

I  ] 


'  .1 


Mi 


or  four  of  the  men  to  carry  the  ^v•olmded  man  into 
camp  ;  then  general  Brown  ordered  captain  Treat  to 
inarch  Iiis  guard  into  the  woods  in  pursuit  of  the 
enemy ;  captain  Treat  marched  in  nearly  a  mile,  and 
discovered  no  enemy ;  he  came  out  to  an  old  Voad 
where  he  expected  the  enemy  had  retreated,  and  col 
Gardner  came  up  and  ordered  captain  Treat  to  march 
his  guard  mto  camp ;  captain  Treat  marched  his  guard 
into  camp,  and  they  were  discharged. 

Q.   %  t/ie  Prisoner.^  At  what  distance  do  you 

fired  onr"'"''^  """"'^  ^""^^  ^''"  ^'''"'  '^''  ^^'"'^  '^^^'^" 

A.  About  eighty  rods. 

Q.  %  //..  PnWr.-Did  you  at  any  time  discover 
the  party  of  the  enemy  who  fired  on  the  ^uard  ? 

A.  I  did  not.    -  .-* 

Q.  %  t&e  Prisoner.-^When  the  guard  broke,  did  I 
not  use  every  possible  exertion  to  halt  and  form  it? 
A,  You  did. 

Q.  %  t/^^  Pmoner.^md  I  not  halt  the  part  of  the 
guard  that  remained  with  me,  near  the  fence,  and  order 
them  to  make  ready  ?  ^"'titi 

A.  You  did.  , 

Q.  %  rbe  Frisonen^Did  you  not  at  that  time 
hear  some  person  call  out  to  me  to  ^*  Clear  away  for 
the  artillery  to  rake  the  woods  ?»'  ^ 

A.  I  did  ;  but  did  not  know  who  it  was.^      - 

Q.  B^the  CW^^VVas  there  a  picquet  guard  of 
the  American  army  in  the  direction  of  the  enLy  that 
fired  upon  you,  and  between  you  and  them  ^ 

.  J:7t?  To""'" '"'' - '  ^'°"^' '''' ''  ^-  - 

-v--e  niw.x,  nho  uppcarea  to  be  scattered. 


inded  man  into 
:aptain  Treat  to 
pursuit  of  the 
irly  a  mile,  and 
to  an  old  road 
eated,  and  col. 
Treat  to  march 
rched  his  guard 

stance  do  you 
he  guard  uhen 


^  time  discover 
2  guard? 

'd  broke,  did  I 
ndform  it? 

the  part  of  the 
lice,  and  order 


at  that  time 
^lear  away  for 

i^as. 

[uet  guard  of 

le  enemy  that 

say,  of  ten  or 


i 


37 

Q.  By  the  Court. — What  became  of  that  guard? 
A.  I  believe  thev  remained  there;  but  I  don't  know 

m 

what  became  of  them. 

Q.  By  the  Court, — When  the  guard  reti  ....^d  to  the 
field  to  bring  off  the  wounded  man,  what  occurred 
there  ;  were  you  not  fired  upon  again  ? 

A.  Captain  Treat  ordered  the  wounded  man  to  be 
carried  into  camp,  and  the  guard  then  marched  into  the 
woods  ;   I  do  not  recollect  that  we  were  fired  upon. 

Q.  By  the  Court. — During  the  fire  of  the  enemy 
uj)on  the  guard,  did  captain  Treat  appear  to  be  per- 
fectly cool  and  collected? 

A.  I  saw  nothing  in  him  but  what  he  was. 

Q.  By  the  Court. —  Did  captain  Treat  finally  march 
his  guard  into  camp  in  good  order? 

A.  He  did. 

The  court  then  adjourned  until  to-morrow,  IG 
©'clock,  A.  M. 


FRIDAY,    APRIL   21,    1815. 

The  court  met  pursuant  to  adjournment. 


PR'  SK\'T. 


Colonel  M'Feeley,  President ;  lieut.  col.  Smithy 
major  M*Ilhenny,  major  Crooker,  captain  Boyle, 
captain  White,  and  captain  Seymour,  Members ; 
lieut.  Anderson,  Judge  Advocate. 

On  account  of  the  absence  of  witnesses  in  the  case 
of  capt.  Treat,  the  court  adjourned  until  to  morrow, 
10  o'clock,  A.  M. 


38 


.      :!!? 


h'lf 


I'! 


SATURDAY,   ATBJLL  22,   1815. 

The  court  met  pursuant  to  adjournment. 

PRESKXT. 

Colonel  M'Feeley,  President;  lieut.  col.  Smith, 
major  M'lihenny,  major  Crooker,  captain  Boyle, 
captain  White,  and  captain  Seymour,  Members; 
lieut.  Anderson,  Judge  Advocate. 

The  court,  from  absence  of  witnesses,  defeired  the 
case  until 

FRIDAY,   MAY    S,   1815. 

The  court  met  pursuant  to  adjournment. 

PRESENT. 

Colonel  M'Feeley,  President;  lieut.  col.  Smith, 
major  M'llhenny,  major  Crooker,  captain  Boyle, 
captain  White,  and  captain  Seymour,  Members; 
lieut.  Anderson,  Judge  Advocate. 

The  court  proceeded  in  the  case  of  captain  Treat, 
21st  infantry. 

Major  BiDDLE,   of  the   corps  of  Artillery,    duly 
sworn,  says  :   I  was  on  the  left  flank  of  the  camp,  on 
the  5th  July,  1814.     The  regulars  of  the  army  were 
formed  in  two  lines ;  the  left  flank    was  formed  C7i 
poteuce,  the  two  lines  met ;   I  was   stationed  in  the 
angle.     There  had  been  frequent  firings  in  the  course 
of  that  morning.     At  about  the  time  alluded  to  in  the 
charge,  there  was  a  firing  much  nearer  the  camp  than 
any  I  had  heard  before ;  upon   hearing  the  firing  I 
called  my  men  to  the  pieces.     As  I  had  them  read^^ 
to  fire,  I  looked  towards  the  place  the  firing  came 
from,  and  saw  a  party  of  men  running  into  camp,  and 
they  jumped  over  a  fence  that  was  not  very  far  from 
me.     When  I  saw  them  jumping  over  the  fence,  and 
in  this  confusion,  I  hallowed  out  to  them  to  halt.     I 


39 


ent. 


t.  col.  Smith, 
aptain  Boyle, 
',    Members ; 

1,  defeiTed  the 


mi. 

.  col.  Smith, 
aptain  Boyle, 
,    Members ; 

aptain  Treat, 

'tilkry^  duly 
he  camp,  on 
e  army  were 
as  formed  en 
ioned  in  the 
in  the  course 
ided  to  in  the 
le  camp  than 

the  firing  I 
them  readv 

firing  came 

0  camp,  and 
ery  far  from 
le  fence,  and 

1  to  halt.     .1 


came  towards  them,  and  took  hold  of  the  first  man  I 
could  lay  hold  of,  and  ordered  the  rest  to  form  upon 
him.  1  formed  them,  aixl  was  told  that  there  was  a 
wounded  man  left  where  they  had  first  been  fired  up- 
on, by  one  of  the  guard.  I  think  gen.  Brown  came 
up  about  this  time  ;  I  am  not  certain  \\  hether  at  this 
time  or  afterwards ;  it  was  somewhere  about  the  time. 
I  ordered  them  to  move  forward,  to  pull  down  the 
fence,  and  advance  to  where  the  wounded  man  lay.  I 
had  the  wounded  man  put  in  a  blanket,  and  general 
Brown  at  that  time  ordered  the  officer  who  command- 
ed the  guard  to  resume  his  former  station ;  to  go  to 
where  he  had  been  stationed.  Gen.  Brown  appeared 
displeased  at  the  conduct  of  the  officer  who  command- 
ed the  guard.  I  stated  to  him  that  it  would  have  been 
almost  impossible  for  any  officer  who  had  been  with 
the  men  to  have  halted  them  ;  but  did  not  see  any  ex- 
ertion of  the  officer  to  stop  the  guard.  The  guard  I 
saw  go  into  the  woods,  but  the  party  of  the  enemy  had 
retreated. 

Q.  By  the  Court. — Who  was  the  officer  that  com- 
manded the  guard  ? 

A.  I  presume  it  was  capt.  Treat,  but  did  not  at 
that  time  know  him  ;  at  some  period  of  the  tritnsac- 
tion  capt.  Treat  said,  that  the  reason  of  his  retreating 
was  his  fear  of  being  in  the  way  of  captain  Biddle's 
artillery. 

Q.  By  the  Court, — While  the  guard  was  retreating 
in  tlie  confused  manner  you  state — did  you  observe 
the  officer  of  the  guard  at  all  ? 

A.  I  did  not. 

Q.  By  the  Court. — Was  the  officer  of  the  guard 
with  those  men  halted  by  you  near  your  pieces  ? 


4 


; 


mw 


urn 


r-lMi 


A .  I  cannot  say  ;  but  believe  the  wliole  of  the  guard 
was  there  ;  I  saw  no  officer  until  I  had  arrived  at  the 
fence  ;  I  then  saw  an  officer,  who  repeated  my  order 
to  throw  down  the  fence. 

Q.  Bt/  the  Ct/?/7Y.  — Was  the  guard  in  a  direct  line 
between  your  artillery  and  the  enemy,  at  the  time  of 
its  breaking? 

A.  I  believe  it  was. 

Q.  Bt/  the  Court.^Was  the  officer  of  the  guard 
with  the  guard  at  the  time  you  took  up  the  wounded 
man? 

A.  He  was. 

Q.  %  the  Court.— Did  the  officer  of  the  guard  ap- 
pear  cool  and  collected  at  the  time  you  observed  him? 

A,  I  do  not  recollect  that  I  observed  him  ;  I  only 
heard  him  repeat  the  order,  and  make  the  apology  to 
general  Brown.  So  for  as  I  observed  him,  I  should 
say  he  was  cool  and  collected. 

Q.  By  the  Prisoner  —How  far  was  your  artillery 
from  tlie  guard  when  fired  on  ? 

A.  I  suppose  about  220  yards  from  my  artillery  ;  or 
probably  200. 

Q.  By  the  Prisoner. —D\d  I  not  halt  and  form  a  part 
of  the  men  near  the  fence,  and  then  form  them  on 
those  you  had  halted,  when  I  joined  you  near  the 
fence  ? 

A.  It  might  have  been  so,  but  I  do  not  recollect  it. 

Q.  By  the  Court.— Do  you  recollect  whether  the 
soldiers  who  took  the  wounded  r.an  back,  were  com. 
posed  of  ihe  guard,  or  of  3^our  company  ? 

A.  Of  the  guard. 

The  witness  here  further  stated  that  he  would,  pro, 
bably,  have  fired,  had  not  the  guard  been  in  his  way. 


)le  of  the  guard 
I  arrived  at  the 
'ated  my  order 

in  a  direct  line 
at  the  time  of 


i 


4 


41 

Q.  By  the  Court. — Did  you  or  any  other  person  in 
your  hearing,  call  out  "  Clear  away  for  the  artillery  ?" 

A.  I  heard  no  person. 

The  court  then  adjourned  until  to-morrow,  ten 
o'clock,  A.  M. 


of  the  guard 
>  the  wounded 


the  guard  ap- 
bserved  him  ? 
him  ;  I  only 
le  apology  to 
lim,  I  should 

jour  artillery 

artillery  ;  or 

d  form  a  part 
•rm  them  on 
ou  near  the 

recollect  it. 
whether  the 
,  were  com- 


would,  pro- 
in  his  way. 


m 


SATURDAY,    MAY   6,   1815, 

The  court  met  pursuant  to  adjournment. 

PRESENT. 

Colonel  M^Feeley,  President;  lieut.  cuionel  Smith, 
major  M'llhenny,  major  Crooker,  capt.  Boyle,  capt. 
Whiic,  and  captain  Seymour,  Members;  lieutenant 
Anderson,  Judge  Advocate. 

The  evidence  for  the  prosecution  having  closed, 
Captain  Gilbert,  late  oJ  the  22^ d infantry,  witness 
for  the  p-isoner,  says  ;  On  the  morning  of  the  5th  July, 
1814,  I  was  standing  by  a  rail  fence  on  the  plains  near 
Chippeway,  U.  C.  about  fifteen  or  twenty  rods  from 
the  left  flank  of  the  camp,  ilicing  towards  the  camp  ; 
Avhen  captain  Treat's  picquet  was  fired  on  by  a  party 
of  the  enemy  from  the  woods,  the  men  broke  and  fell 
in  the  grass,  and  captain  Treat  immediately  called  to 
the  men  to  rise  and  form,  and  the  order  was  obeyed, 
when  they  were  fired  upon  a  second  time ;  the  guard 
broke,  and  I  judge  about  one  half  qf  the  guard  from 
the  left,  rushed  towards  camp,  in  the  diiectionof  capt. 
Biddle's  artillery  ;  about  the  same  time  I  had  observed 
them  making  preparations,  as  I  supposed,  to  fire  from 
captain  Biddle's  artillery,  and  called  to  captain  I'reat 
to  clear  away  his  men  and  give  the  cannon  a  chance  to 


'  iiK; 


M 


'      .:     1 


rake  the  woods,  his  men  being  directly  between  capt. 
Biddle  and  the  enemy.  I  then  left  my  situation,  and 
went  to  turn  out  my  own  company ;  I  afterwards  saw 
captain  Treat  and  captain  Biddle  returning  with  the 
men  in  the  direction  where  they  first  were  fired  on. 

Q.  Bi/  the  Court. — How  far  distant  were  you  from 
the  guard  when  it  was  first  fired  on  by  the  enemy  ? 

A.  About  five  rods. 

Q.  %  the  Cour t.—Wcre  you  previously  acquainted 
with  captain  Treat  ? 
A.  I  was. 

H.  %  the  Court.—md  you  distinctly  observe  capt. 
Treat  attempting  to  rally  the  men  ? 

A.  I  did  ;  I  knew  it  to  be  him. 

Q.  By  the  Court.^Did  all  of  the  guard  retreat  as 
flir  as  major  Biddle's  artillery  before  they  were  rallied? 

A.  A  part  of  the  guard  were  halted,  and  a  part  came 
over  the  fence;  what  took  place  akcr  I  came  away  I 
know  not ;  only  that  I  heard  a  tire  after  I  left  them  • 
and  afterwards  discovered  them  returning  to  the 
ground  v^^here  they  were  first  fired  upon. 

Q.  %  the  Court.-^Was  capt.  Treat  cool  and  col- 
lected when  the  enemy  fired  upon  his  guard  ? 

A.  Before  the  first  fire  I  did  not  see  capt.  Treat 
but  afterwards  thought  he  was  very  cool  and  collected 
when  rallying  the  men ;  the  first  time  his  words  were 
**  rise  and  form."  ' 

Q.  %  the  Co«r/.— Was  that  portion  of  the  guard 
which  broke  and  run  away,  the  most  distani  from 
capt.  Ireat? 

A.  It  was. 

Q.  By  the  Frisonen^Bo  you  think  I  used  cverv 


u  t  b 


f  between  capt. 
Y  situation,  and 
afterwards  saw 
irning  with  the 
ere  fired  on. 
were  you  from 
the  enemy  ? 

Lisly  acquainted 


7  observe  capt. 


lard  retreat  as 
y  were  rallied? 
lid  a  part  came 
came  away  I 
r  I  left  them  ; 
irning  to  the 
I. 

cool  and  col- 
uard? 
-  capt.  Treat, 

and  collected 
s  words  were, 

of  the  guard, 
distant  from 


I  used  everv 


m 


proper  exertion  to  halt  and  form  the  men  when  the 
guard  broke  ? 

A.  The  time  was  very  short,  but  I  thought  captain 
Treat  used  every  exertion  in  his  power  when  I  saw 
him. 

Q.  By  the  Prisoner, — After  part  of  the  guard  broke 
away  and  retreated,  did  you  not  see  me  with  a  part  of 
the  men  near  the  fence  about  the  time  you  called  out 
to  '*  Clear  away  for  the  artillery  ?" 

A.  The  time  I  called  out  to  clear  away  for  the  ar- 
tillery, a  part  of  the  men  were  coming  over  the  fence, 
and  a  part  had  been  halted  by  capt.  Treat  before  get- 
ting  up  to  the  fence. 

Q.  By  the  Prisoner, — How  far  do  you  suppose  it 
was  from  where  the  guard  was  fired  on  to  the  woods  ? 

A.  I  suppose  seventy  or  eighty  rods  ;  I  should  say 
so  from  the  balls  being  pretty  well  spent  when  they 
came  into  camp. 

Lieut.  Larned,  2\st  Infantry,  witness  for  prison- 
er,  sworn,  says  ;  On  the  last  of  June,  previous  to  ouf 
crossing  the  Niagara,  the  duty  devolving  on  com- 
mandants of  companies  was  very  arduous,  caused  by 
a  multiplicity  of  it  coming  on  at  once,  such  as  making 
out  muster  rolls,  semi-annual  muster  rolls,  monthly 
returns,  and  inspection  returns,  likewise  drawmg  and 
delivering  out  clothing  to  the  mei. ;  and  at  this  time 
capt.  Treat  (who  commanded  a  company)  was  very 
lame,  and  in  bad  health,  and  had  to  perform  all  the 
duty  himself,  as  his  subaltern  was  under  arrest  and 
very  sick. 

On  the  night  of  the  2d  July,  we  crossed  the  foot  of 
the  lake,  from  Buffalo  to  Erie ;  on  the  morning  of 
the  4th,  capt.  Treat  and  myself  wete  ordered  by  gen. 


9w 

Ripley,  to  recross  the  river  to   Buffalo,   and  collect 
the  scattered  soldiers  of  the  second  brigade,  who  were 
in  the  hospital  and  able  to  do  duty,  and  also  the  bag- 
gage belonging   to  the   officers  of  the  same  brigade. 
After  collecting  the  men,  to  the  number  of  forty  or 
fifty,  and  supplying  them  with  arms  and  accoutrements 
»nd  collectmg  the   baggage,  we  re-crossed  the  river' 
and  arrived  at  our  camp  opposite  Black  Rock,  at  the 
moment  the  second  brigade  were  striking  their  tents 
which  was,  as  near  as  I  can  recollect,  about  3  o'clock 
in  the  afternoon.     We  then   marched  down  the  Nia- 
gara,  and  arrived  on  the  plains  near  gen.  Scott's  camp 
about  11  o'clock  at  night.     A  picquet  guard  was  im. 
mediately  detailed,  and  the  men  were  taken  mostly 
from  a  detachment  of  recruits  marched  on  by  captain 
Vose,and  from  a  detachment  of  the  17th  regiment 
who,  as  I  understood,  w^ere  principallv  recruits  also' 
Capt.  Treat  and  myself  were  detailed  with  the  guard 
and  while  waiting  for  directions   from  the  inspector 
general,  the  adiutant  discovered  a  mistake  in  the  de 
tail  as  it  respected  myself,  and  I  was  relieved  bv  lieut 
Morrow.     Capt.  Treat  observed  to  ti     adj-  .ant  that 
he  was  unfit  to  mount  guard,  as  he  w^as  very  lame  and 
quite  worn  down  with  fatigue.  The  adjutant  observed 
that  he  could  be  relieved  as  soon  as  the  officer  of  the 
day  should  visit  them,  which  would  be  in  a  short  time 
About  4  or  5  o'clock  in  the  afternoon  of  the  5th  July 
when  the  batde  commenced  between  gen.  Scott  and 
the  enemy,  the  second  brigade  w^as  paraded  in  the  rear 
and  the  21st  regiment  was  marched  out  to  turn  the 
right  flank  of  the  enemy  and  cut  off  his  retreat.- 
Capt.  Treat  at  this  time  having  been  suspended  from 


«d 


ilo,   and  collect 
gade,  who  were 
id  also  the  bag- 
i  same  brigade, 
ber  of  forty  or 
accoutrements, 
ssed  the  river, 
^  Rock,  at  the 
ing  their  tents, 
bout  3  o'clock 
down  the  Nia- 
i.  Scott's  camp 
^uard  was  im- 

taken  mostly 

on  by  captain 
.7th  regiment, 

recruits  also, 
ith  the  guard, 

the  inspector 
ake  in  the  de- 
eved  by  lieut. 
adj'  .ant,  that 
vtry  lame  and 
tant  observed 
officer  of  the 
a  short  time, 
the  5th  July, 
n.  Scott  and 
d  in  the  rear, 
t  to  turn  the 
is  retreat. — 
pended  from 


>^ 


command,  volunteered  and  went  w  ith  his  company 
and  carried  his  musket. 

Dr.  Everett,  2\st  infantr?/,  witness  for  prisoner, 
sworn,  says:  Some  time  in  the  month  of  June  last  I 
called  on  captain  Treat,  at  his  request,  who  informed 
me,  that  the  night  preceding,  while  visiting  the  guards 
as  officer  of  the  day,  he  wiis  thrown  from  his  horse,  and 
bruised  in  several  places,  especially  on  his  leg :  1 
attended  him,  and  recollect  he  was  very  kime,  and  had 
a  tumor  formed  on  his  leg,  which  imfitted  him  for 
duty  for  .some  time,  and  that  it  \vas  against  the  opinion 
and  advice  of  Dr.  Allen  and  myself,  that  he  performed 
the  march  from  fort  Erie  to  Chippcway,  on  the  4th 
July  ;  that  he  called  on  me  on  the  5th  ensuing,  for 
advice  relative  to  his  lameness  ;  and  that  I  considered 
him  unfit  to  perform  military  duty,  in  consequence  of 
his  leg,  as  well  as  that  of  his  feet,  which  had  become 
much  swelled  and  inflamed  by  the  march  of  the 
fourth. 

The  court  adjourned  until  Monday,    10  o'clock, 
A.  M. 


MONDAY,    MAY    8,    I8i5. 

The  court  met  pursuant  to  adjournment. 

rKESFAT. 

Colonel  M'Feeley,  President ;  lieut.  colonel  Smith, 
major  M'llhenny,  major  Crooker,  capt.  Boyie,  ca])t. 
White,  and  captain  Seymour,  Members ;  lieutenant 
Anderson,  Judge  Advocate, 

The  evidence  on  both  sides  hiiving  closed,  the 
prisoner  made  the  defence  in  writing  which  is  here- 
unto annexed. 


#t 


H' 


it*! 


Mr 


!^'' 


1,    I 


Ml!.    PRRSIDEXT,    AND 

OKXTlK^kiEXOFTHECorRT, 

Too  long  already,  and  too  severeir  hnctv,      i, 

^  -Uor  ,ene,-al  Brown's  official  repoi^T  ^H^' 
ol  CLippe^ray,  and  the  unparalleled  hnJ.  nf  .         r 

Ii  ivc  been  comnellrrl  tn  .        •  '^  "  ^^  ^^^^  I 

^"  cumpciiccl  to  remain,  under  nrrf-v+    r 

not  to    desire  -i    f.^,-,..'      •  arrest,  for  me 

u^snc  a    teniimation  to  my  ininn^c     u 

enc.  in  the  field,  and  in  coui    f"         '''"'''  ''^P^"" 

ccnpeten.  jndges,  in  :  ser      ^SS  •"'"  ^^""^ 
Tlie  subiect  of  the  rh..,.  ^         "nportance. 

an  event  .ieh  i^.^:S:^Z:^;r^^-'^^  '" 
vented  by  me,  or  anv  officer  nh;.^  "'  °'  f^" 

-ion,  and  ought  to  be  v1  ;d' t  /^aT 'r^  ^'"■ 
tlian  a  &u!t.  But  my  case  is  .Z  V  "'"''^"'•'""« 
cedent.    1  have  been  .rr      '\'"°S'*«='-  "'«hout  pre- 

condemned  ,ih    ,   a     7'"'  '''"';  ''"  P"'^"^'  -^ 

i^tnutmen,  is  neither  the  law  nnr  tK     i-i  ' 

country.  .  ^^^  ^^^^^^^  of  our 

rigl«s  of  tl>e  soldier  a,e  hutlt^  J  ?^'"''''  "  '^^'^^ 
sedulously  guarded  "  T^  p ',""''  ""^^"^  ^'>°"ld  be 
XVar  authorise     ots  «?  e'  "'  ""''  ^"''^'^^   ^f 

*^-  last  and  ..,  resort,  to'XVri^ir!:  ''''^  ^ 

"' ^'"*^'-i  can  app<iraJ 


47 


',  has  m}-  character 
^  opinion,  excited 
port  of  the  battle 

length  of  time  I 
er  arrest,  for  me 
;  injuries,   by  an 
ied  tribunal ;   and 
y  to  come  before 
-n  whose  experi- 
lor,  render  them 
hest  importance, 
^e,  originated  in 
'oreseen,  or  pre- 
n  a  similar  sitii- 
iis  a  misfortune 
icr  without  pre- 
the  public,  and 
learing;  denied 
)aIliation  of  my 
ocence.     This, 

liberty  of  our 

are  sufficiently 
offence,  »*  The 
!iese  should  be 
id  Articles  of 
>e  held,  when 
e  cases  this  i^ 
"cr  can  app<iral 


in  vindication  of  his  honor :  this  right  should  not  be 
denied  him  under  any  pretext  whatever  :  but  my 
request  for  an  immediate  encjuiry  Mas  not  compliLd 
with,  at  a  time  when  I  could  have  availed  myseif  of 
the  testimony  of  many  highly  respectable  and  impor- 
tant witnesses,  some  of  whom  have  since  fallen,  while 
gloriously  fighting  for  their  country  ;  others  are  now 
at  too  great  a  distance  for  me  to  obtain  their  testimony 
or  attendance  before  this  court. 

Mr.  President — Many  circumstances  on  the  part 
of  the  prosecution  having  occurred  to  procrastinate 
my  trial,  my  anxiety  to  bring  it  to  a  close,  and  the 
short  time  I  have  to  arrange  the  testimony,  will  I  hope 
be  a  sufficient  apology,  to  a  candid  court,  for  the 
unprepared  state  in  which  I  submit  my  defence.  The 
statements  of  many  of  the  witnesses  being  in  substance 
the  same,  I  will  not  occupy  the  time,  nor  weary  the 
patience  of  the  court  with  a  recapitulation  of  evidence. 

Gentlemen,  it  appears  by  the  evidence  adduced  on 
the  part  of  the  prosecution,  that  late  in  the  evening, 
near  midnight,  of  the  4th  of  July  last,  on  the  arrival  of 
the  second  brigade  at  its  place  of  encampment,  near 
the  plains  of  Chippeway,  a  picquet  guard  of  about  forty 
men,  who  were  chiefly  recruits,  and  a  patrole  of  ten 
more,  were  entrusted  to  my  command,  and  ordered 
into  the  woods.  Sergeant  Holt,  corporals  Gale, 
Fellows,  and  Barton,  all  non-commissir^-d  officers  of 
the  guard,  and  witnesses  before  you  foi  e  proseciu 
tion,  have  been  particular  in  stating  the  manner  in 
which  the  whole  duty  was  performed,  till  seven  or 
eight  o'clock  in  the  nporning  of  the  fifth,  when  I  was 
ordered,  by  brigade  major  Clark,  to  march  my  guard 
into  camp.     They  state  to  you  that  this  w^as,  also. 


lit  i I 


■:'i 


M 

ptrrormcd  in  the  „s„al  manner,  and  in  s^ood  order 
"■'  il  tiK  6.u,«l  arrived  vivhin  ab„nt  (ifteu.  ortvveutJ 
rods  ol  the  kit  (l.nk  ol  the  camp  of  the  seeond  bri-nidc 
con:.,,andcd  by  general  Riplcv,  ,,here  eapt.  Biddle's 
coiniuiiiy  of  aniilery  v.as  stationed. 

They  all    agree  in    their  several   sfc,temcnts,  that, 
when  arrived  at  this  point,  the  gnard  was  fired  on  bv  a 
party  oi   d-.e  enemy,   concealed  in  the  woods,  ab;ut 
eighty  reds  distant ;  that,  on  the  first  fire  of  the  cne 
'»y,  ,no,t  of  the  men  kneeled,  or  lay  down  amontr  the" 
grass    wh.eh  was  very  high ;  that,  I  immediately  or- 
dered them  tonse  and  front   the  enemy;  that, 'they 
did  so  ,vhcn  they  recei>ed  another  fire,  and  that  then 
the  greater  part  of  the  guard  retreated. 

'i'hat  inunedlately  I  oidered  them  to  halt  and  form  ■ 
aiat  about  h.)iof  the  men  c/id  halt  near  u  fenee,  and 
forn,ed,  (rontn.g  the  enemy  ;  and  that  1  ordered  them 
to  make  ready  ;  th:.,t  the  other  part  of  the  guard,  al- 
hcugh  frequently  ealled  after  by  me  to  halt,  continued 
to  retreat  m  disorder,  tmtil  they  were  halted  by  eapt. 
Biddle,  near  his  artillery.  . 

They  distinetly  state 'to  you,  that  at  the  moment  I 
had  prepared  that  part  of  tlie  g.iard  that  remained 
WKh  me  to  fire  on  the  enemy,  as  soon  as  he  eould  bo 
discovered  m  his  covert,  some  person  in  the  rear  call-' 
td  to  me-"  Clear  out  ibr  the  ...  . 'ery  to  rake  the 
vvoods  : "  that  I  ,/„,,  ordered  that  part  of  the  guard  to 
ai  back,  and  ma.ehed  them  up,  and  formed  them  on 
t.mse  previously  h.hed  by  captain  Biddle. 

i  hey  all  eoneur  in  slating  that  I  used  every  possi- 
ble  exei  ion  to  halt  and  form  the  guard,  frequemlv  and 

F.uediyorderingthos..  Mholkdto  "haltandfo™,'. 
'I'at  I  neither  abandoned  my  guard  nor  position,  „n  il 


id  in  good  order, 
t  fifteen  or  twenty 
le  second  brigade, 
CTe  capt.  Biddle's 

statements,  that, 
^vils  fired  on  by  a 
iie  woods,  about 
t  fire  of  the  ene- 
down  among  the 
immediately  or- 
lemy;  that,  they 
*e,  and  that  then 

• 

o  halt  and  form  ; 
car  a  fence,  and 

I  ordered  them 
f  the  guard,  al~ 
)  halt,  continued 

halted  by  capt. 

t  the  moment  I 
that  remained 
as  he  could  be 
in  the  rear  call- 
ry  to  rake  the 
of  the  guard  to 
ijrmed  them  on 
le. 

^d  every  possi- 
frequently  and 
lalt  and  form," 
position,  until 


49 

I  was  noticed  that  the  artillery  were  about  to  rake  th« 
woods ;  that  I  then  brought  off  that  part  of  the  guard 
which  I  had  been  enabled  to  influence  and  retain  with 
me,  in  good  order ;  that  during  the  whole  time  I  ap. 
pcared  cool  and  collected. 

It  is  amply  proven,  and  stated  in  evidence,  that  the 
position  which  the  guard  occupied,  was  in  a  direct  line 
between  captain  Biddle's  artillery,  and  the  enemy  •  ^d 
you,  gentlemen,  can  readily  judge  of  the  propriety  of 
moving  out  of  such  a  position,  when  you  consider  the 
short  distance  between  me  and  the  artillery,  and  the 
great  distance  between  me  and  the  enemy,  and  whether 
my  motives  vere  cowardly  or  discreet. 

This,  gentlemen,  is  the  only  transaction  on  that  day 
that  can  give  any  color  to,  or  furnish  any  grounds  for 
the  charge  of  which  I  am  accused. 

I  will  now  call  your  attention  to  the  other  witnesses* 
evidence,  and  the  concurrent  circumstances  of  their 
testimony. 

Captain  Gilbert's  testimony,  confirms  the  state- 
ments of  the  non-commissioned  officers,  as  far  as  it 
relates  to  my  conduct,  and  that  of  the  guard  when 
fired  on;  «.&  the  additional  circumstance  that  J 
was  /..  htmself  who  called  to  me  to  clear  away  for  the 
a.t.llery,  and  that  he  was  induced  to  do  so  in  con^ 

'^::£.'''''''''''^''-'^^^^^^--^^' 

You  will   readily  perceive   that  captain   Gilbert', 
situation  was  peculiarly  favorable  to  observethe  i.Z* 
action,  as  far  as  he  professed  to  know  anythmg  ofTf 
bemg  only  about  five  rods  distar*. 

Major  (then  captain)   Biddle,  as  he  stated  to  the 
court,  previously  to  his  giving  his  testimony,  anil!! 


to  have  but  an  imperfect  recollection  of  the  transac- 
tion ;  indeed,  from  his  situation,  !ie  could  not  have 
observed  much  of  tliat  part  of  the  affair  on  wliich,  I 
presume,  the  charge  is  founded  :  as  he  stated  to  you, 
that  it  M^as  only  when  he  heard  the  firinj^,  he  firs*  turned 
out  and  paraded  his  company,  and  then  looked  vards 
the  woods  in  the  direction  of  the  enemy. 

At  that  time  he  saw  some  men  running  in  confusion 
over  a  fence  towards  camp,  and  that  he  was  immedi- 
ately employed  in  stopping  and  forming  them ;  the 
only  part  of  his  testimony  which  directly  rehites  to  the 
charge  against  me  is  wholly  negative : 

**  That  //<?  did  not  see  me  use  any  exertions  to  halt 
the  guard,"  and  in  fact  did  not  observe  me  at  all. 

The  reason  is  obvious  :  his  attention  was  engross- 
ed by  his  own  command,  and  by  the  fugitives  from 
mine. 

He,  however,  states  further,  *'  That  he  thinks  that 
he  halted  and  formed  the  whole  of  my  guard." 

You  must,  I  think,  be  convinced  that  he  is  under 
a  mistake,  in  this  particular,  since  four  witnesses,  who 
bore  a  part  in  the  transaction,  distinctly  state  to  you 
the  reverse;  and  captain  Gilbert,  who  was  much  better 
situated  to  see  the  whole  transaction  than  major  Bid- 
die;  has  distinctly  stated  that  I  did  halt  a  part  of  the 
guard  near  the  fence,  when  he  called  to  me  to  remove 
my  guard,  which  was  after  the  men  had  broke  away 
whom  captain  Biddle  halted. 

Then  what  became  of  this  party  I  had  with  me  ? 
the  non-commissioned  officers  who  were  with  this 
part  of  the  guard  by  the  fence,  state,  that  after  hear- 
ing a  person  call  to  me  to  remove,  I  marched  and 
formed  it  on  those  previously  lialted  by  capt.  Biddle. 


^  ,Vrr 


)n  of  the  transac- 
le  couid  not  have 
affair  on  wliich,  I 
he  stated  to  you, 
inj^,  he  firs^  turned 
en  looked  ic  vards 
emy.  ' 

ming  in  confusion 
t  he  was  immedi- 
rming  them;  the 
?ctly  rehites  to  the 

^  • 

exertions  to  halt 
ve  me  at  all. 
tion  was  engross- 
iie  fugitives  from 

lat  he  thinks  that 
ly  guard." 

that  he  is  under 
V  witnesses,  who 
ictly  state  to  you 
•  was  much  better 

than  major  Bid- 
lalt  a  part  of  the 
to  me  to  remove 

had  broke  away 

I  had  with  me  ? 
were  with  this 
that  after  hear- 
I  marched  and 

by  cant.  Biddle. 


61 

Tlien,  surely,  captain  Biddle  could  not  have  halted 
and  formed  all  my  guard;  captain  Gilbert  states,  tliat 
he  knew  me  well  previously,  n  d  is  certain  that  I  was 
with  this  party  to  whom  he  c**iled  to  remove  out  of 
the  way  of  the  artillery. 

Major  Biddle  also  states,  that  he  took  command  of 
the  guard,  and  marched  back,  and  took  off  the 
wounded  man. 

Major  Biddle  might  have  considered  himself  in 
command  of  the  guard — but,  /  did  not — nor  did  the 
non-commissioned  officers,  as  they  have  expressly 
stated,  consider  him  as  commanding  the  guard,  nor 
did  they  ever  hear  him  give  any  orders  or  word  of 
command,  except,  to  pull  away,  or  throw  down,  part 
of  the  fence  which  obstructed  their  march. 

Major  Biddle  further  states,  that  he  observed  to 
general  Brown,  and  gave  it  as  his  opinion  at  the  tiine, 
that  no  officer,  situated  as  I  was,  could  have  halted 
the  men;  and  that,  had  not  the  guard  been  in  the 
direc  ion  of  the  enemy,  he  would  probably  have  firecj 
into  the  woods. 

He  states,  that,  so  far  as  he  did  observe  my  conduct 
*' it  was  cool  and  collected. '^ 

I  will  now  call  your  attention  to  another  circum- 
stance ;  the  wounded  man  who  was  left  on  the  field. 

It  was  clearly  proven  to  you  that  the  grass  was 
high ;  that  a  great  part  of  the  men  kneeled  or  lay 
down  on  the  grass  during  the  first  fire ;  that  I  was  in 
the  front  or  oti  the  right  of  my  guard  marching  by 
files,  that  the  man  who  was  wounded  was  in  the  rear, 
or  left  flank,  that  the  four  noi.-commissioned  officers 

WHO   luivc  DCcn    uciuiw   yuli,    ft,iiu\i    ii\j\.    liiat  any    muii 

was  wounded  until  the  guard  was  formed  near  captain 


lN,!lu 


r 


in::. 


52 

Biddle-s  artiUerj-;  can  it  then  be  supposed  tha.,  em- 
ployed as  I  was  in  rallying,  halting,  and  forming  1 
men,  the  most  of  whom  were  reeruits,  who  never  hal 
been  m  actxon,  and  had  scattered  and  retired  on  the 
second  fire  of  the  enemy,  could  have  known  the  cir! 
cumstance  ?  or  if  I  /,.rf,  ,vas  it  my  duty  to  neglect  til 
guard,  and  remain  by  the  wounded  man  ? 

The  court  will  please  to  recollect  that  my  guard 
was  a  return  picquet,  just  mrived  within  fifte!"", 
wenty  rods  of  the  army,  which  was  flanked  by  til 
leO';  that,  the  enemy  was  in  the  woods,  eighty  rot 
tot ,  and  that  the  enemy  was  so  c  ose'Zt  t 
balls  reached  the  encampment. 

Under  these  circumstances,  I  conceive  that  hnd 
n>y  guard  not  broken,  it  would  not  have  been  my  du" 
.to  advance  upon  the  enemy  without  particular  ordeS^ 

iuS  rf  T,'  """r  '^  '"^  ^''^  -'^    e 
required  of  me  to  halt  at  all ;  it  would  literallv  have 

been  obeymg  my  orders  to  have  retired,  or  m  r  he" 

;:r2d:°^^'"''-^"'-''^^-"^-^-^£ 

The  court  will  please  to  recollect  that  instead  of 
general  Brown's  "immediately,  and  on  thes,"    order 
ing  me  to  retire  from  the  army,"  he  orderS  me"v  th 
my  guard,  to  march  into  the  Lods  in  pu  '.iTofl ' 

Th'T;,  ^'°"  >^^^^'-  Foof  of  the  prompt  manner  in 
which  that  order  was  executed. 

Lieutenant  Lamed  states  to  you  the  dntv  T  k  ., 

Frformed  ti,e  day  before;  as  n.L  *!!:  o'  It'd,; 

a^ter  bemg  depnved  of  my  command,  I  volu.WJ 

my  serv..es  with  a  musket,  and  went  out  wS  mJ 

reg.ment,  when  it  was  ordered  to  flank  the  JI  ll 


u  r  r 


pposed  that,  em. 
and  forming  my 
s,  who  never  had 
d  retired  on  the 
5  known  the  cir- 
ty  to  neglect  tli^ 
lan? 

that  my  guard 
vithin  fifteen  or 
Banked  by  artil- 
)ds,  eighty  rods 
>  close  that  the 

ceive  that,  had 
e  been  my  duty 
rticular  orders ; 
e  than  could  be 
d  literally  have 
d,  or  marched 
gs  of  a  soldier 

that  instead  of 
the  spot,  order- 
dered  me  with 
pursuit  of  the 
Tipt  manner  in 

le  duty  I  had 
t  on  that  dav, 
1  volunteered 
out  with  my 
the  enemy  at 


53 

Dr.  Everett  states  to  you,  that  I  was  unfit  for  duty, 
in  consequence  of  ^ameness,  and  that  it  was  contrary 
to  his  advice,  that  I  marched  on  the  4th  from  Erie  to 
Chippeway. 

From  all  these  circumstances,  and  a  review  of  my 
whole  conduct  during  that  day,  the  court  can  judge 
whether  I  manifested  any  disposition  to  avoid  duty, 
or  shrink  from  danger. 

The  court  will  please  to  recollect  the  information 
given  by  the  judge  advocate,  "  that  the  testimony 
**  given  by  sergeant  Holt,  corporals  Gale,  Fellows,  and 
*'  Barton,  would  have  been  corroborated  by  the  evidences 
*'  of  all  the  soldiers  of  the  guard  present^  if  it  had  been 
*'  thought  necessary  to  have  adduced  themJ^"* 

Respecting  testimony,  I  have  one  circumstance  to 
regret,  which  is,  that 

General  Brown  and  colonel  Gardiner^  witnesses  for 
the   prosecution,   although   duly    notified,    did     not 

ATTEND. 

Mr,  President,  and  Gentlemen — I  believe  that  I 
have  recapitulated  every  part  of  the  tesMmony,  both 
for  and  against  the  prosecution,  that  could  have  any 
possible  bearing ;  although,  I  think,  that  no  part  of 
the  charge  or  specification  is  proven,  but  on  the 
contrary,  that  the  whole  is  fully  and  clearly  disproved, 
I  will,  with  the  permisj-ion  of  the  court,  make  a 
brief  recapitulation  of  the  testimony,  and  a  relation  of 
facts  and  incidents  which  may  give  the  court  (if  possi- 
ble)  a  clearer  view  of  the  case. 

It  has  been  stated  in  the  course  of  the  testimony, 
that,  at  the  time  1  took  command  of  the  puaid,  I  was 
lame,  and  w'orn  down  bv  futi.o-up. :   thnt.  nlthnntrl-i  nnfif 


i  I 


54 


g 


Tor  duty,  I  promptly  performed  it,  so  far  as  was  In  my 
pcArr: 

That,  witliout  being  shewn  where  to  post  my  guard, 
I  found  It  out  at  midnight,  took  the  proper   tation,  and 
kept  it  in  good  order  during  the  night ;  that  after  bein^ 
ordered,  it  was  nuircliing  into  eamp  in  good  order, 
when  fired  on  by  tlie  enemy  ;  and  that  whc^n  the  guard 
broke,  I  used  every  endeavor  to  halt,  rally,  and  form 
my  mei.  ;  that,  after  i-allying  and  forming  ^^  ith  the 
assistar.ce  of  eaptain  Biddle,  I  marched  my  guard  on 
to  the  field,  and  ordered  the   \\ounded  man  to  be 
carried  to  camp;  then,  by  order  of  general  Brown,  I 
marched  into  the  woods   in  pursuit  of  the  enemy,  as 
far  as  was  prudent  or  necessary. 

lliat,  after  returning  to  camp  in  good  order,  I  was 
suspended  from  command ;  and  on  the  same  day,  when 
the   21  Si  regiment  was  ordered  oijt  to  the  battle  of 
Chippewa}-,  1  ^vent  ^nth  my  company  as  a  volunteer 
Gentlemen,  such  are  the  facts  on  which  my  prose- 
cutor  fLunds  the  charge  of"  Cowardice." 

Were  it  expedient,  I  could  produce  from  the  offi. 
cers*  With  whom  1  had  the  honor  to  serve,  the  most 
satisfictory  evidence  of  my  good  conduct,  from  the 
diiy  of  nn  r.ppointmei^t  in  the  armv,  until  the  fifth  of 
July ;  and  to  prove  the  correctness  of  my  conduct  on 
i/uit  day,  1  vwint  no  other  evidence  thui  the  facts  now 
befbre  the  court. 

Whatever  the  motives  may  have  been,   ^vhich  in 
dueed   my   prosecutor   to  adopt    the  unprecedented 
mode  he  has  pursued  in  my  case,  it  does  not  rendei 
the  ellect  an.v  Ir  ss  severe  or  afiiieling  to  the  scmibili 
ties  of  a  soldier. 


*Hce  Appendix,  No.  III.  IV,  mkJ  V. 


1|'9* 


yf^ 


far  as  was  in  my 

)  post  my  guard, 

3per   tation,  and 

that  after  being 

in  good  order, 

\vhen  the  guard 

rally,  and  form 

*ming  ^\ith  the 

d  my  guard  on 

cd  man  to  be 

neral  Brown,  I 

the  enemy,  as 

)d  order,  I  was 
iame  day,  when 
3  the  battle  of 
IS  a  volunteer, 
lich  my  prose- 


j> 


from  the  offi. 
erve,  the  most 
uct,  from  the 
nil  the  fifdi  of 
ly  conduct  on 
the  facts  now 

n,  which  hu 
nprecedented 
es  not  rendei 
I  the  scnsibiii 


55 

Whether  his  conduct  towards  me  has  been  just,  or 
military— or  the  reverse,  it  v/culd  not  here  become 
me  to  determine  :  that  rests  with  you  ;  but  in  order 
to  give  a  full  view  of  the  subject,  however  painful  it 
m.ay  be  to  my  feelings,  I  must  refer  to  general  Brown's 
official  report  of  the  battle  of  Chippeway,  and  his  gene- 
ral order  of  the  5th  of  July.* 

For  the  publication  of  these  extraordinary  docu- 
ments, there  could  be  no  other  authority  or  founda- 
tion than  barely  a  *'  suspicion  of  cowardice,"  as  there 
had  been  neither  enquiry  nor  evidence  to  ascertain  the 
fact ;  and  the  only  effect  it  could  have,  ^vas  to  wound 
the  feelings  of  one,  whom  neither  the  tongue  of 
slander,  nor  the  finger  of  malignity  could  have  at- 
tainted, nor  attached  to  his  character  the  palest  hue  of 

dishonor. 

Can  there  not  be  made  an  official  report  of  a  battle 
without  sacrificing  some  devoted  victim  on  the  altar 
of  ambition  ? 

Gentlemen,  I  must  leave  it  to  your  own  feelings 
to  conceive  my  situation — for  I  cannot  describe 
it,  nor  the  emotions  that  rend  my  heart;  being 
deprived  o^  my  command,  driven  from  my  regiment, 
and  separated  from  my  companions  in  arms,  to  whom 
I  was  bound  by  tlie  strongest  ties  of  friendship,  which 
naturally  exist  in  the  hearts  of  those  who  have  togeth- 
er borne  the  toils  and  privations  incident  to  the  lile  of 
a  soldier. 

Nothing  could  have  supported  me  under  tins  load 
of  misfortune,  but  a  consciousness  of  my  own  inno- 
cence, and  a  hope  that  the  majesty  of  truth  Vvould 

•  Sec  Appendix  No.  I,  II. 


W-I 


66 

soon  prevail,  and  dispel  the  cloud  by  which  I  «^ 
enveloped. 

Mr  Presidem,  and  Gentlemen  of  the  court-'V\^^ 
candid  and  patient  investigation  of  the  testimony,  the 
fan-  and  impartial  manner  in  which  the  court  has  .on 
ducted  my  trial,  demand  my  most  sincere  acknowWe- 
ments,  and  will  ever  be  remembered  with  the  most 
grateful  emotions.  ^ 

Gentlemen,  you  are  my  judges  :  to  your  charge  I 
entrust  myhfe;  and  what  is  infinitely  more  del- to 
me,  my  honor;  I  deposit  it  in  honorable  hands- 
your  decision  will  be  just. 

If  you  find  me  guilty,  let  my  punishment  be  equal 
to^the  offence,  it  innocent,  you  will  acquit  me  whh 

JOSEPH  TRRAT, 

Sacketfs  Harbour,  8th  May,  1815.       ,    ""'""'"  ""  '"''"""■'• 

fenle'ofT  '"'"^  ^"""^  *'"  ''''^'^'  ^'^  "-  de- 
fence  of  he  prisoner,  as  above,  directed  the  room  to 

be  cleared,  and  proceeded  to  pronounce  sentence 

After  mature  deliberation  on  the  testimony  adduced 

the  court  find  the  accused,  captain  Joseph  TnETr 

ofthe  21st  nfantry,  „„,  guUty.Uy..  .hjg,  oTspec  ' 

fication  preferred  against  him-and  bo  /o.o„TbTv' 

ACqUIT    HIM.  ^^"i^iiABLY 

The  above  is  a  true  copy  from  the  original.  - 

WM.  ANDEUSOX,  Junr. 


1T^W 


by  which  I  ywxa 

the  court — The 
e  testimony,  the 
-  court  has  con- 
-re  acknowlege- 
with  the  most 

•  your  charge  I 
y  more  dear  to 
>rable  hands — 

iment  be  equal 
cquit  me  with 

^RKAT, 

»Ju  2Ist  Intantrr. 


e  and  the  de- 
l  the  room  to 
sentence, 
ony  adduced, 
:ph  Treat, 
rge  or  speci. 

HONORABLY 


57 


N'»  Junr. 

fii'Jge  Advocate, 


APPROVAL  OF  THE  SENTENCE  OF  THE  COURT. 


COPY 


^Hf 


Of  the  sentence  of  a  General  Court  Martial,  and  approval 
of  the  same  hy  major  general  Brown,  in  the  case  of  capt. 
Joseph  Treat,  of  the  Mst  infantry. 


Adjutant  General's  Office, 
Sackett's  Harbor,  3d  July,  1815. 

After  mature  deliberation,  the  court  find  the  accus- 
ed, captain  Joseph  Treat,  of  the  21st  regiment,  not 
guilty  of  the  charge  or  specification  preferred  against 
thim,  and  do  honor  ably  acquit  him. 

Taking  into  consideration  all  the  circumstances  re- 
lating to  capt.  Treat's  case,  major  general  Brown  be- 
lieves it  to  be  his  duty  to  approve  the  sentence  of  the 
court.     But  he  embraces  this  opportunity  to  say,  that 
he  has  never  seen  an  instance  of  American  soldiers, 
such  as  capt.  Treat's  command,  abandoning  their  offi- 
cers  in  the  face  of  an  enemy.     This  is  not  the  charac 
ter  of  the  soldiers  our  country  breeds.     So  far  as  the 
experience  of  the  major  general  goes,  they  have  ever 
Itood  by  their  officers,  so  long  as  their  officers  were 
disposed  to  stand  by  their  colors  or  their  honor. 

It  would  appear,  however,  from  the  testimony  before 
the  court,  that  the  men  composing  the  picquet  guard 
commanded  by  capt.  Treat,  on  the  morning  of  the  5th 
^uly,  1814,  were  an  exception  to  the  general  rule,  and 
:^herefbre  he  is  honorably  acquitted. 


*w.* 


I  certify  that  the  above  is  a 
handed  into  this  office. 


correct  copy  of  the  originalj 


BENJ.  F.  LARNED 

Ackipjj  Assist.  Adj.  Genera 


APPENDIX. 


No.  I. 

The  following  is  a  copy  of  the  order  alluded  to  in  the  defence, 

<<  GENERAL  ORDERS. 

Adjutart  General's  Office, 

Chippeway,  July  5,  1814, 

'*  A  transaction  degrading  to  the  command,  occurred 
under  the  major  general's  eye  this  morning. 

"  Captain  Treat's  attempts  to  excuse  himself,  in 
that  his  detachment  was  a  return  picquet,  makes  the 
thing  worse. 

*'  Captain  Treat  shall  no  longer  serve  in  the  21st 
regiment ;  nor  in  this  division,  during  the  campaign, 

<'  By  order  of  major  general  Brown. 

(Signed)  «  C,  K.  GARDNER, 

«  Adjutant  Ueaeral.'* 

IVwe  Copy, 
(Signed)  JNO,  W.  HOLDING, 

Lieut,  aud  Adjt.  21st  lofautrjr. 


!■ '   iS'' 


lui.i 


No.  IL 

Extracts  from  General  Brown*s  Official  Report  of  tlie 
Jiaille  of  Chippe:ivay^  dated  7th  July^  1814,  referred  t« 
in  tlie  Defencii, 

♦*  Early  on  die  morning  of  the  5th  (July)  the  enemy 
commenced  a  petty  war  upon  our  picquets,  and  as  he 
Was  indulged,  his  presumption  encreased ;  by  noon  he 
showed  mmseif  on  im  ieft  of  our  epiterior  line,  mii 


S9 


^^m 


ided  to  in  the  defence, 

RS. 

ineral's  Office, 
eway,  July  5,  1814, 

ommand,  occurred 
norning. 

ixciise  himself,  in 
icquet,  makes  the 

serve  in  the  21st 
ing  the  campaign, 
^vn. 

:.  GARDNER, 

"  Adjutant  Ueaeral.'* 

r.  HOLDING, 

i.  aud  Adjt.  21st  lofautrjr. 


■A 


Icial  Report  of  tlu 
/,  1814)1  referred  ta 

1  (July)  the  enemy 
icquets,  and  as  he 
sased ;  by  noon  he 
e;iiedor  line,  mil 


attacked  one  of  our  picquets  as  it  was  returning  to 

camp. 

"  Captain  Treat,  who  commanded  it,  retired  dis- 
gracefully, leaving  a  wounded  man  on  the  ground. 
Captain  Biddle,  of  the  artillery,  impelled  by  feelings 
highly  honorable  to  him  as  a  soldier  and  officer, 
promptly  assumed  the  command  of  this  picquet,  led  it 
back  to  the  wounded  man,  and  brought  him  off  the  field. 

**  I  ordered  captain  Treat,  on  the  spot,  to  retire 
from  the  army,  and  as  I  am"  anxious  that  no  officer 
shall  serve  under  my  command,  who  can  be  suspected 
of  cowardice,  I  advise  that  captain  Treat  and  licute. 

iiant ,*  ^vho  was  also  with  the  picquet,  be  struck 

from  the  rolls  of  the  army." 

No.  III. 

Sackett's  Harbor,  July  6,  1815. 

We,  the  undersigned,  officers  of  the  late  2]st 
regiment  U.  S.  infantry,  having  served  during  the 
late  war,  with  captain  Joseph  Treat,  of  the  same  regi- 
ment, bear  testimony  to  the  correctness  of  his  conduct 
as  an  officer ;  to  the  uniformity  of  his  deportment  as 
a  gentleman,  and  to  his  firmness  and  courage  on  every 
occasion  in  which  he-  has  met  the  enemy. 

JOSIAII  H.  YOSE, 

Lute  Miijiif  2 1  St  Infantry. 

SULLIVAN  BUR35ANK, 

Kievet  jVIajcr  Ulst  Infantry. 

P.  PELIIAjM, 

Ciiiituin  21*t  Infantry. 

BENJ.  F.  LARNED, 

.  rii-i:VL>t(;iii)tHin  21st  Infantry. 

JOHN  W.  IIOl^DING, 

Brevet  Captain  aibt  liifr.ntry, 

•  The  copy  is  exact,  the  iiRme  of  lieutenant  Morroiv,  was  omitted;  but 
lie  had  a  brothel-,  member  of  congress  ,•  nevenhelebs,  the  condvict  of  the 
Ikutenant  wa«  beyond  reproach  or  suspicion. 


60 


1 .  11 


t  l»! 


No.  IV. 

Portsmouth,  N.  H.  Aug.  25,  1815. 
Sir — I  have  received  and  read  the  report  of  your 
trial  before  a   general  court  martial,  on  the  charges 
which  appeared  against  you  in  general  Brown's  official 
account  of  the  battle  of  Chippeway.    Having  witness- 
ed your  gallant  conduct  at  Chrystler's  Field,  but  a 
few  months  before ;  and  having  always  considered  you 
as  an  attentive  and  vigilant  officer,  nothing  could  have 
surprised  me  more  than  the  exhibition  of  such  charges 
against  you.     I  am  happy  to  find  they  were  without 
foundation.     The  result  of  this  long  sought  for  inves- 
tigation is  nc  'ess  gratifying  to  your  brother  officers 
than  it  is  honorable  to  yourself. 

Accept,  sir,  the  assurance  of 

my  respect  and  esteem. 


T.  UPHAM, 


Gapt.  Joseph  Teeat,  Boston. 


Lt.  Col.  late  21st  Keg. 


f. 
•I 

if 


f- 

ck 


No.  V. 

Sackett's  Harbor,  July  8,  1815. 
To  Captain  Treat  of  the  late  2ist  Regiment  of  Infantry, 
Sir — We,  the  undersigned  officers  of  the  late  13th 
regiment  of  infantry,  who  have  been  stationed  at 
Sackett's  Harbor,  cannot  submit  to  a  separation  from 
you,  without  tendering  you  a  memorial  of  their  sense 
of  the  propriety  of  your  conduct,  while  enduring  a 
l)rotracted  arrest,  rendered  peculiarly  aggravating  by 
the  nature  of  the  charge  preferred  against  you ;  and 
we  a^so  proScr  you  our  sincere  congratulations  on 
your  receiving  an  honorr.ble  acquittal,  rendered  more 


61 

grateful  to  your  feelings,  by  the  procrastination  of  the 
approval  of  the  proceedings  of  the  court  martial  before 
which  you  were  tried. 

We  admire  your  patient  endurance  of  ii  situation 
calculated  to  generate  obloquy,  and  shall  ever  deem 
you  a  man  of  suffering  merit. 

Respectfully  yours,  8cc. 

KOBT.  SMITH  GARDINER, 

Captain  late  13th  Infantry. 

W.  ADAMS, 

'  Captain  late  13th  Infantry. 

THO.  W.  DENTON, 

Lieutenant  late  13th  Infantry. 

CHARU^S  HARRISON, 

»  Lieutenant  late  13th  Infantry. 

G.  HELMBOLD, 

Lieutenant  late  13th  Infantry- 

REUBEN  HUMPHREYS 

Lieuteuant  late  13th  Infantry, 

E.  C.  CLARK, 

Lifutenant  late  13th  Infantrj'. 

H.  H.  MHVl  ON, 

Lieutenant  late  13tli  Infantry. 

FRANCIS  T.  HELM, 

Lieutenunt  late  13th  Itifantiy. 

CIIAS.  F.  mWlN, 

Lieutenant  late  13th  Infantry. 


;    \i 


NO.  VL 

Sackett*s  Harbor,  8th  July,  1815. 

Dear  Sir — The  undersigned  having  understood 
that  you  are  about  to  depart  from  this  vicinity,  avail 
themselves  of  the  present  opportunity  of  paying  the 
tribute  of  justice,  by  proffering  to  you  this  written  tes- 
timonial of  their  friendship  and  respect. 

Your  military  and  personal  merit,  as  communicated 
to  us  by  officers  who  had  been  associated  in  command 


,  *.*' 


B:l 


6^ 

with  you,  on  the  western  frontier,  made  a  favorable 
impression  on  us  ere  we  had  the  pleasure  of  a  person- 
al acquaintance  with  you.  The  predilection  excited 
by  such  representations,  on  your  becoming  personally 
and  particularly  known  to  us,  soon  ripened  into  the 
most  cordial  est-em.  ^     ^ 

We  have  viewed  with  unceasing  admiration  your 
calm  and  manly  fortitude,  and  resignation,  manifested 
in  situations  the  most  trying  to  the  feelings  of  an  offi- 
cer and  a  gentleman.  We  have  seen  you  triumph 
over  a  combination  of  circumstances,  peculiar,  impos- 
in^r  and  formidable  in  the  last  degree. 

We  tender  you  our  hearty  congratulations  on  the 
final  result  of  your  recent  military  trial,  so  highly 
honorable  to  yourself,  so  gratifying  to  your  fncnds 
and  acquaintances.  Into  whatever  part  of  he  world 
fortune  may  hereafter  lead  you,  you  will  bear  with 
vou  our  grateful  recollections  for  the  past,  and  our  ar- 
dent  wishes  for  your  future  peace,  prosperity,  and 
happiness. 

We  are,  sir,  with  esteem  and  respect, 
Your  most  obedient  servants, 
N.  FOSDICK. 
^MLLIAINI  VAUGIIAX. 
JAMES  BROOKS. 
AMOS  HOLTON. 
W.  GREEN. 
F.  P.  INIARKHAIVI. 
WM.  KING. 
J.  TOAV:*SEND. 

The  above  arc  among  the  most  respectable  gentlemen  of  the 
neighborhood  in  which  they  hve. 


